SEWAGE ORDINANCE TOWN OF CHARLOTTE, VERMONT FOR WASTEWATER DISPOSAL AND ON-SITE SEWAGE SYSTEMS REVIEW PROCEDURE AND HISTORY: (24 V.S.A. Chap.59) Initial Review by Agency of Natural Resources: April 28,1997 Selectmen's Published Warning: May 22, 1997 (At least 14 days before hearing) Selectmen's Hearing, motion and adoption: June 9, 1997 Approved by the Vermont Department of Environmental Conservation: June 26, 1997 Effective Date: August 8, 1997 Town Clerk files a Certificate of Publication, posting, recording and adoption of the Ordinance and approval by the Agency of Natural Resources August 8, 1997 TABLE OF CONTENTS SECTION 1. Definitions SECTION 2. Authority, Purpose, and Performance Standards SECTION 3. Applicability and Exceptions SECTION 4. Application Procedure, Construction Permit, and Certificate of Compliance Application Procedure Construction Permit Certificate of Compliance General SECTION 5. Design and Approval Standards SECTION 6. Alternative Systems, Innovative Systems, and Emergency Measures Alternative Systems Innovative Systems Emergency Measures SECTION 7. Administration and Enforcement SECTION 8. Revocation of Permits SECTION 9. Appeals SECTION 10. Severability, Liability Limitations, and Repeal SECTION 1. DEFINITIONS (a) Words and phrases used in this ordinance shall carry their usual and customary meanings unless specifically defined otherwise in this ordinance. Questions pertaining to the correct interpretation of any word or group of words shall be resolved by filing an appeal to the Charlotte Selectboard in accordance with Section 9 of this ordinance. (b) As used in this ordinance: "Adequate capacity" means a condition where an on-site sewage system is of sufficient size to adequately treat the daily flows for the particular use as required by the Environmental Protection Rules. "Aggrieved party" means any person who claims to have suffered a denial of some personal, pecuniary, or property right or the imposition of an unfair burden or obligation. "Alternative sewage system" means a sewage disposal system that incorporates a waterless toilet into the on-site sewage system design such as a vault privy or a chemical, composting, or incineration toilet, or other commonly-accepted, industry-tested alternative toilet. This term does not refer to an innovative sewage system. "Applicant" means any person who holds title to real property on which an on-site sewage system is proposed to be constructed and who seeks town approval as provided by this ordinance and/or the owner's authorized agent. "Bedroom" (for the purposes of calculating design flow quantities in accordance with the Environmental Protection Rules) means a room that customarily could be used by current or future occupants for dressing and sleeping and that exhibits a probability for use as a bedroom by its design and location within the dwelling. Elements including, but not limited to the following shall indicate the existence of a bedroom: (a) a history of use as a bedroom, (b) the presence of a closet, (c) the size of the room is similar to the other bedrooms in the dwelling or is consistent with room sizes customarily used for bedrooms, (d) the room is located within the dwelling in an area customarily used for sleeping, (e) the room is in fairly close proximity to bathroom facilities, (f) the room affords a level of privacy customarily expected for a bedroom, (g) the room has been, or could be, marketed as a bedroom. "Capacity" (see adequate capacity). "Community sewage disposal system" means an on-site sewage disposal system that serves three or more lots, uses, or customers. "Daily flow" means the number of gallons per person per day as required by the Environmental Protection Rules to be used when designing or evaluating an on-site sewage system. "Environmental Protection Rules" means the Environmental Protection Rules, Chapter 1, Small Scale Wastewater Treatment and Disposal Rules, adopted under the authority of the Secretary of the Vermont Agency of Natural Resources, effective August 8, 1996. "Failed system" means a condition in which a sewage system for any reason consistently fails to perform properly. "Health hazard" means the potential harm to the public health by virtue of any condition or any biological, chemical or physical agent. (See 18 V.S.A. §2) "Imminent failure" means a condition in which a sewage system for any reason fails to perform properly on an intermittent or periodic basis. "Innovative sewage system" means a sewage system design that is not permitted on the effective date of this ordinance but which is designed to achieve the purpose and performance standards in Section 2 of this ordinance and which has been approved by the Vermont Department of Environmental Conservation as specified in Section 1-203 of the Environmental Protection Rules. "Land development" means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. (See 24 V.S.A. §4303) "Low wastewater disposal requirement" means one-third of the daily flows for the particular use as required by the Environmental Protection Rules. "Minor modification" or "minor repair" means repair or replacement of the septic tank or the piping preceding the septic tank and pump chamber. "On-site sewage system" means a septic tank and leaching field system utilizing natural soil to treat and disperse sewage in such a manner to protect public health and both groundwater and surface water from contamination. An on-site sewage system does not necessarily mean an "on-lot" system and may be located on another lot from the wastewater source. "Person" means any individual, partnership, public or private corporation, unincorporated organization, trust, state or federal agency, municipality, or other similar entity. "Proper performance" means a condition in which a sewage system satisfies the purpose and performance standards of Section 2 of this ordinance. "Sewage" means sanitary waste or used water from any structure or land use, including but not limited to human excrement, carriage water, shower and wash water, and process wastewater. Storm water and wastes from agricultural operations governed by 6 V.S.A., Chapter 215 and the Accepted Agricultural Practice Rules shall not be considered sewage. "Sewage Officer" means the person who has been granted legal authority by the Charlotte Select board to administer and enforce this ordinance as provided by this ordinance. "Sewage system" or "sewage disposal system" means any piping, pumping, treatment, containment, or disposal system used for the conveyance and treatment of domestic, commercial or industrial wastewater. "Site technician" means a person who is certified under the provisions of 3 V.S.A. §2827. "V.S.A." means, "Vermont Statutes Annotated." Citations to state statute are by Title and Section thus: 24 V.S.A. §4303. "Wastewater" shall have the same meaning as "sewage" as defined herein. "Wastewater system" or "wastewater disposal system" shall have the same meaning as "sewage system" as defined herein. SECTION 2. AUTHORITY, PURPOSE, AND PERFORMANCE STANDARDS AUTHORITY: (a) This ordinance is adopted pursuant to the authority granted by 24 V.S.A. Chapter 59, Adoption and Enforcement of Ordinances and Rules, and 24 V.S.A. Chapter 102, On-Site Sewage Systems. PURPOSE: (b) It is the purpose of this ordinance to regulate the disposal of wastewater and the design, construction, operation, and maintenance of on-site sewage systems in order to prevent health hazards and environmental damage due to the improper treatment and disposal of wastewater. PERFORMANCE STANDARDS: (c) On-site sewage systems shall be designed, constructed, operated, and maintained so as to: (1) prevent the creation of health hazards, (2) prevent surfacing sewage or the pollution or contamination of drinking water supplies, groundwater, and surface water, (3) insure adequate drainage for the proper treatment of disposed wastewater, and (4) insure that facilities are designed and constructed in a manner that will maintain sanitary and healthful conditions during operation and maintenance. SECTION 3. APPLICABILITY AND EXCEPTIONS APPLICABILITY: (a) All new structures and uses within the Town of Charlotte that generate wastewater shall be connected to a properly performing on-site sewage system which has been approved by the Charlotte Sewage Officer. All wastewater shall be disposed of through an on-site sewage system which has been approved in accordance with this ordinance. (b) No structure or use with an existing sewage system shall be expanded, altered, or changed in any way that will increase daily flows into the sewage system unless the Sewage Officer has determined that the existing system has adequate capacity to properly treat the additional flows in accordance with this ordinance, or unless a construction permit has been issued for a sewage system upgrade designed to accommodate the additional flows. (c) All sewage disposal systems that have failed or show indications of imminent failure shall be reported to the Sewage Officer within forty-eight (48) hours of the discovery of failure or indications of imminent failure. All proposals to remedy a system failure or imminent failure must be approved by the Sewage Officer in accordance with this ordinance. (d) When a provision or provisions of other applicable rules, regulations, ordinances, bylaws, or statutes differ from this ordinance, the more stringent provision or provisions shall be followed. EXCEPTIONS: (e) The construction permit requirement may be waived by the Sewage Officer on a case by case basis for a minor modification or a minor repair to an existing sewage disposal system that is otherwise performing properly. (f) An existing sewage disposal system which was in operation prior to the adoption of this ordinance is deemed to be approved provided that the system fulfills the purpose and performance standards of Section 2 of this ordinance. (g) Any existing sewage disposal system that fails to fulfill the purpose and performance standards of this ordinance as outlined in Section 2 shall be reported to the Sewage Officer within forty-eight (48) hours and shall be upgraded so that the purpose and performance standards are satisfied. Deviations from the design standards of this ordinance may be authorized in writing by the Sewage Officer where proposed sewage disposal systems are designed to eliminate health hazards, public nuisances, or sources of pollution from existing structures or uses and where physical limitations are such that compliance with the design standards cannot otherwise be accomplished. In such cases systems shall be designed to comply to the fullest extent possible with the design standards of Section 5 of this ordinance. (h) The Thompson's Point wastewater treatment and disposal system and all of the structures and uses connected to that system are exempt from this ordinance and shall be governed by the Thompson's Point Wastewater Disposal System Ordinance (effective November 27, 1993). SECTION 4. APPLICATION PROCEDURE, CONSTRUCTION PERMIT, AND CERTIFICATE OF COMPLIANCE APPLICATION PROCEDURE: (a) Application forms and procedures shall be developed and modified as necessary by the Sewage Officer and shall be approved by a resolution of the Charlotte Selectboard. Application forms and procedures shall be designed so that review personnel are assured of receiving information sufficient to determine compliance with this ordinance and other applicable rules, regulations, ordinances, bylaws or statutes. The Sewage Officer may require additional information over and above the standard requirements if warranted in individual cases. (b) Fees for applications and permit renewals shall be established by the Charlotte Selectboard and shall be paid before a construction permit or permit renewal can be issued. A fee may be waived by the Charlotte Selectboard upon request from the applicant when the applicant can demonstrate that the fee causes or contributes to an undue hardship. CONSTRUCTION PERMIT: (c) No on-site sewage system shall be constructed, altered, replaced, or repaired except in accordance with this ordinance, and only after a construction permit or a waiver has been issued by the Sewage Officer. No construction permit or waiver shall be issued except in conformance with this ordinance and the approved application procedures. (d) No land development that will generate wastewater or that will increase the daily flows into an existing wastewater disposal system shall commence before a construction permit has been issued in accordance with this ordinance. (e) As long as the recording provision contained in Section 5(e) of this ordinance has been met, a construction permit shall be effective for two years from the date it was issued after which it shall expire if the permitted action has not been completed. A construction permit may be renewed by the Sewage Officer as long as: (1) site conditions have remained unchanged since the permit was first issued, (2) a written request is received within the 60-day period prior to the expiration date, and (3) the system design conforms to all rules, regulations, ordinances, bylaws, or statutes as they are enacted at the time the request for renewal is made. CERTIFICATE OF COMPLIANCE: (f) No on-site sewage system that has been constructed, altered, repaired, or constructed as a replacement shall be used except in accordance with this ordinance, and only after a certificate of compliance has been issued by the Sewage Officer. In addition, no structure shall be occupied before a certificate of compliance has been issued if useful occupancy of the structure can reasonably be expected to generate wastewater. Before issuing a certificate of compliance, the Sewage Officer must be satisfied that the sewage system has been installed, altered, repaired, or replaced in conformance with the approved plans. (g) No certificate of compliance shall be issued unless the Sewage Officer has received a final inspection report and certification from a professional civil or sanitary engineer or a type B certified site technician that states that: (1) the engineer or site technician has inspected the system, (2) the results of all testing have met or exceeded the minimum standards, and (3) the system has been installed in conformance with the approved plans. The report must also include a description of all deviations that were made from the approved plans and must include a sketch showing at least two (2) field-measured ties from permanent, above-ground features or structures to the as-built locations of all septic tanks, pump stations, distribution boxes, cleanouts, disposal field limits, and other features as required by the Sewage Officer. GENERAL: (h) The Sewage Officer may inspect all systems under construction and may be present for all testing. Reasonable prior notice may be required to be given to the Sewage Officer in order to schedule site visits for soils investigations and other inspections at appropriate times during construction. (i) The Sewage Officer may set reasonable terms and conditions in connection with the issuance of construction permits or certificates of compliance when particular assurances regarding compliance with this ordinance are warranted. (j) All construction permits and certificates of compliance run with the land and are binding on all current and future owners. At the discretion of the Sewage Officer, construction permits, certificates of compliance, or other pertinent information may be required to be recorded in the Charlotte Land Records. SECTION 5. DESIGN AND APPROVAL STANDARDS (a) Subchapters 1 through 7 of the Vermont Environmental Protection Rules, effective August 8, 1996, are incorporated by reference as a part of this ordinance. All applications shall contain soil and site information as required by the Environmental Protection Rules and all sewage disposal systems shall be designed, approved, installed, and operated in conformance with the Environmental Protection Rules. (b) Technical information for applications shall be prepared by a professional civil or sanitary engineer or by a type B certified site technician. (c) All applications for approval of on-site sewage systems shall be reviewed for conformance with the performance and design standards and application procedures of this ordinance. The Sewage Officer shall interpret and administer the provisions of this ordinance literally and shall not grant approval unless the applicant has demonstrated that the application conforms to this ordinance and that all application procedures have been followed. (d) An application that has received a final water supply and wastewater disposal permit or a subdivision permit from the Vermont Department of Environmental Conservation shall be deemed to be approved by the Sewage Officer unless the application violates provisions of the Charlotte Zoning Bylaws or other municipal ordinances, or unless it is found that the state permit is based on incorrect, fraudulent, or misleading information. However, an independent review and approval shall be conducted by the Sewage Officer in cases where a state permit incorporates a variance or waiver from the Environmental Protection Rules or if the permit involves an innovative sewage system. In no case shall the applicant be relieved from fulfilling the submission requirements and following the application procedures established under this ordinance, including site visits and inspections. (e) A Sewage Service Agreement, Waiver and Easement, to be executed with the town, must be submitted along with all applications for community sewage disposal systems. Furthermore, copies of all legal documents including, but not limited to, easement deeds, sewer service agreements, etc., relating to any on-site sewage system must be submitted as part of the construction permit application and shall be executed and recorded in the Charlotte Land Records within fifteen (15) days of the issuance of the construction permit or the construction permit shall become void. (f) All sewage system improvements must be constructed so that they are centered within the approved easements. Sewer easements shall be at least twenty (20) feet wide. SECTION 6. ALTERNATIVE SYSTEMS, INNOVATIVE SYSTEMS, AND EMERGENCY MEASURES ALTERNATIVE SYSTEMS: (a) In order to promote water conservation, alternative systems may be approved by the Charlotte Selectboard but only if the minimum soils and site requirements of the Environmental Protection Rules are met and only after the application has been submitted to, and comment received from, the Vermont Department of Environmental Conservation. Pursuant to Section 1-801 of the Environmental Protection Rules, the Department shall make recommendations to the Charlotte Selectboard stating whether or not the proposal complies with the performance standards of the Environmental Protection Rules. A construction permit for an alternative system shall be issued by the Sewage Officer within ten (10) days of approval by the Charlotte Selectboard provided that all applicable conditions of the approval have been satisfied. (b) Properly sealed vault privies or similar facilities may be approved for structures or uses having low wastewater disposal requirements. Conditions of approval may be imposed in order to ensure that the facility is used and maintained properly. Unsealed privies, pit privies, or outhouses shall not be permitted. (c) Chemical, composting, or incineration toilets or other commonly accepted industry-tested alternative toilets may be approved provided the that: (1) all non-toilet wastes are disposed of in a wastewater disposal system designed and installed in accordance with Section 5 of this ordinance, and (2) a full-sized replacement area is identified and reserved. (d) When waterless toilets are approved, disposal fields may be reduced in size by thirty-five (35) percent but only if: (1) sufficient area exists to expand the field to full size if use of the waterless toilet is discontinued, (2) a notice of the disposal field size reduction and a plan showing the areas reserved for expansion and replacement are recorded in the Charlotte Land Records, and (3) the system is not a mound system. INNOVATIVE SYSTEMS: (e) An application for a wastewater disposal system that has been classified as "innovative" by the Vermont Department of Environmental Conservation and which has received a permit from the Department may be approved by the Charlotte Selectboard but only to upgrade existing systems that have failed, or have shown signs of imminent failure, and that cannot achieve conformance with this ordinance. An innovative system shall not be approved for new land development nor for the expansion of existing structures or uses. An innovative system shall meet the criteria for innovative on-site sewage systems in Section 1-203 of the Environmental Protection Rules as well as the purpose and performance standards of Section 2 of this ordinance. A construction permit shall be issued by the Sewage Officer within ten (10) days of approval by the Charlotte Selectboard provided that all applicable conditions of the approval have been satisfied. EMERGENCY MEASURES: (f) On-site collection of wastewater for off-site disposal by having a commercial sewer service company pump a holding tank or sealed septic tank may be approved by the Sewage Officer in cases where an emergency, a special hardship, or a health hazard occurs, but only as a temporary measure until a remedy is found that conforms to this ordinance or twelve (12) months passes--whichever occurs first. All of the following conditions shall apply for approvals granted under this subsection: (1) the holding tank must be sealed so that no effluent will escape, (2) the holding tank must be inspected regularly and must be emptied before the effluent level is within twelve (12) inches of an outlet or opening, (3) the holding tank shall be emptied by employing a commercial sewage service company to pump the tank; copies of the service company's invoices shall be submitted to the Sewage Officer within five (5) days of each pumping event, (4) the contents of the tank shall be disposed of off-site at an approved wastewater disposal facility; copies of the disposal facility's receipt or acceptance slips may be required to be submitted to the Sewage Officer at any time. (5) the handling of wastewater as provided in this subsection shall in no way create a health hazard or conflict with the purpose and performance standards of Section 2 of this ordinance. SECTION 7. ADMINISTRATION AND ENFORCEMENT (a) The Charlotte Selectboard shall appoint a Sewage Officer to administer and enforce this ordinance. The Charlotte Selectboard may also appoint one or more persons to serve as a deputy to the Sewage Officer to carry out duties prescribed by the Selectboard and to act for the Sewage Officer during periods of the Sewage Officer's extended absence. The Charlotte Selectboard may employ qualified consultants to review disposal system designs and to advise the Sewage Officer or Selectboard in matters relating to wastewater disposal. The Sewage Officer or deputy may also serve as a Local Health Officer or Deputy Health Officer. (b) This ordinance is designated as a civil ordinance and shall be enforced in accordance with the procedures prescribed in 24 V.S.A., Chapter 59 as it is currently enacted or hereafter amended. (c) A civil penalty of not more than five hundred (500) dollars may be imposed for a violation of this ordinance. Each day the violation continues shall constitute a separate violation. (d) A violation of the terms of any Sewage Service Agreement, Waiver and Easement, or any other agreement executed with the town pursuant to this ordinance shall be construed as a violation of this ordinance in addition to being a violation of the agreement. (e) Nothing in this ordinance shall be construed to prevent or in any way limit the Charlotte Selectboard, Local Board of Health, Local Health Officer, or a Deputy Health Officer from carrying out the duties prescribed in 18 V.S.A. Chapter 11, Local Health Office. SECTION 8. REVOCATION OF PERMITS (a) A construction permit or certificate of compliance may be revoked by the Sewage Officer, or by the Charlotte Selectboard as provided in subsection (b) below, for any of the following reasons: (1) False, fraudulent, or misleading information contained in the permit application; (2) Installation of a system that does not comply with conditions placed on the permit; (3) Alteration of the proposed primary and/or replacement areas so that the areas and the system do not comply with this ordinance; (4) Information which shows that the sewage disposal system will not comply with this ordinance including, but not limited to, insufficient isolation distances to water supplies; (5) Failure to comply with this ordinance or any terms or conditions of permits, sewer service agreements, or certificates of compliance issued or executed pursuant to this ordinance. (b) Any aggrieved party may petition the Charlotte Selectboard for the revocation of a construction permit or certificate of compliance. A written petition for revocation shall be addressed to the chair of the Charlotte Selectboard and shall set forth the name and address of the petitioner, the petitioner's interest in the matter, and a statement outlining the alleged deficiencies. Petitions for revocation shall proceed only if the alleged deficiencies are based upon items 1 through 5 in subsection (a) above. (c) The Charlotte Selectboard shall notify the permit holder within seventy-two (72) hours of receipt of a petition for revocation. The Selectboard shall hold a public hearing within thirty (30) days of receipt of a petition for revocation and shall render a decision in writing within fifteen (15) days of the close of the hearing. Copies of the Selectboard's decision shall be mailed to all interested parties immediately following release of the decision. If a construction permit or certificate of compliance is revoked, all work on, or use of, the sewage disposal system must cease immediately upon notification of the revocation. SECTION 9. APPEALS (a) An applicant or any aggrieved party may appeal a decision of the Sewage Officer to the Charlotte Selectboard by filing a notice of appeal with the Town Clerk within thirty (30) days of the decision. A copy of the notice of appeal must also be given to the Sewage Officer. The Selectboard shall hold a public hearing within thirty (30) days of the filing of the notice of appeal and shall provide a written decision within fifteen (15) days of the close of the hearing. (b) An applicant or any aggrieved party may appeal a decision of the Charlotte Selectboard pertaining to this ordinance to the Superior Court within thirty (30) days of the Selectboard's written decision. SECTION 10. SEVERABILITY, LIABILITY LIMITATION, AND REPEAL (a) If any portion of this ordinance is found to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (b) Approval of the design or installation of any wastewater disposal system pursuant to this ordinance shall not imply that the approved system will be free from malfunction. The provisions of this ordinance shall create no liability on the part of the Town of Charlotte or any town official, town consultant, or town employee in the event an approved wastewater disposal system malfunctions or fails for any reason. Nothing in this ordinance relieves any person of obligations under the law for the proper performance of a sewage system. (c) On the date this ordinance becomes effective, all prior municipal health ordinances relating to on-site sewage systems in the Town of Charlotte shall be repealed and replaced by this ordinance. ADOPTED by vote of the Charlotte Selectboard on this 9th. day of June, 1997 and shall, after approval by the Vermont Department of Environmental Conservation and unless a petition is filed as provided by law, become effective upon the expiration of sixty (60) days after this date. Signed TOWN OF CHARLOTTE Selectboard: ______________________________ ______________________________ Edward Stone, Chairman Holly Fournier ______________________________ ______________________________ Robert L. Mack, Jr. Marty Illick ______________________________ William Peter IV APPROVED BY THE VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AGENCY OF NATURAL RESOURCES: ______________________________ __________________ Authorized Official Date MADE EFFECTIVE: __________________ Date RECEIVED FOR RECORDING: ______________________________ __________________ Mary Bown, Town Clerk Date Recorded in Charlotte Land Records: Volume ________, Pages _____ to ______. CHARLOTTE HEALTH ORDINANCE, JUNE 9, 1997 - EFFECTIVE AUGUST 8, 1997