The Operation of On-site Sewage Treatment and Disposal Systems

PURPOSE: This rule implements the provisions of sections 701.025–701.039, RSMo (1986) relating to the regulation of certain sewage disposal systems. (1) The following definitions shall apply in the interpretation and the enforcement of this rule: (A) Aquifer means water-bearing formation (soil or rock horizon) that transmits water in sufficient quantities to supply a well; (B) Department means the Missouri Department of Health; (C) Director means the director of the Missouri Department of Health; (D) Domestic sewage means wastewater originating primarily from the sanitary conveniences of residences, commercial buildings, factories and institutions, including any wastewater that may have infiltrated the sewer; (E) Engineer means an individual registered as a professional engineer in the state of Missouri; (F) Hauled sewage means accumulated solids and liquids from septic and holding tanks, private aerobic treatment plants, dosing chambers, distribution boxes and various forms of toilets and privies; (G) Human wastes means undigested food and byproducts of metabolism which are passed out of the human body; (H) Innovative system means a sewage system of new design, construction and/or operation that could be utilized in place of a conventional system; (I) Normal business hours means an eight (8)-hour interval beginning at 8:00 a.m. and ending at 5:00 p.m.; (J) On-site sewage disposal system means any sewage handling or treatment facility receiving domestic sewage and retaining that sewage on the property(ies) upon which it was generated; (K) On-site sewage disposal contractor means any person engaged in the business of maintaining, serving or cleaning on-site sewage disposal systems or the hauling or disposal of wastes removed from sewage disposal systems; (L) Person means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the state of Missouri or any department of the state of Missouri or any political subdivision of this state; (M) Property owner means the person in whose name legal title to the real estate is recorded; (N) Treatment facilities means any method, process or equipment which removes, reduces or renders less obnoxious water contaminants released from any source; and (O) Wastes means either human waste or domestic sewage, or both. (2) The requirements of this rule pertain to on-site sewage disposal contractors and to any owner or operator of an on-site sewage disposal system with a daily flow of one thousand five hundred (1,500) gallons or less of domestic sewage where people live, work or assemble with the exception of lots of three (3) acres or more which are excluded if the entire on-site sewage disposal system is more than ten feet (10') from the property line and if no effluent enters an adjoining property or contaminates a water supply as determined by dye tracing. (3) All on-site sewage disposal systems having a maximum daily flow of one thousand five hundred (1,500) gallons or less shall be operated in a manner that will not cause nuisances, health hazards or contamination of surface waters or groundwater. These operations shall comply with the following: (A) On-site sewage disposal systems shall be designed and operated so that no effluent leaves the property of the owner. These systems must comply with 10 CSR 20-7.015 of the Missouri Clean Water Commission— 1. When a discharge does occur from any facility other than a single-family residence, a National Pollution Discharge Elimination System (NPDES) permit shall be secured to comply with 10 CSR 20-6.010 of the Missouri Clean Water Commission; 2. Subsurface discharges shall receive adequate soil treatment to prevent contamination of aquifers; and 3. On-site sewage disposal systems shall be operated so that the treated effluence does not pool on the surface creating insect-breeding habitat, odors or other nuisances; and (B) The owner or operator shall have all hauled sewage properly disposed of either by transporting the sludge to a municipal sewage treatment plant (STP) capable of receiving the sludge or by arranging for removal by a person or company in the business of cleaning septic tanks and properly disposing of the removed sewage. (4) All on-site sewage disposal systems being repaired by construction replacement or parts replacement shall have such repairs designed and built in compliance with 10 CSR 208.020 of the Missouri Clean Water Commission unless an innovative system proposed by an engineer is used. The trial or experimental use of an innovative system for on-site sewage disposal shall be allowed if approved by the department after consultation with the staff of the Missouri Clean Water Commission and shall be subject to conditions that the department may set. (5) All on-site sewage disposal systems shall be operated in accordance with the manufacturer’s specifications, the design engineer’s operating and maintenance guide or a nationally recognized standard for the systems operation and maintenance recognized by the department. (6) All owners and operators of on-site sewage disposal systems shall permit department staff and staff of the Missouri Department of Natural Resources to inject dyes or other tracers into their on-site sewage disposal systems during normal business hours for the purpose of tracing the discharge. All owners and operators shall cooperate in attempts to recover dyes injected into on-site sewage disposal systems by allowing samples of their drinking water to be collected for analysis. (7) The department shall investigate any written or verbal complaint received concerning an on-site sewage disposal system. These investigations shall be made during the normal business hours and all results and findings shall be in writing. Copies of the report shall be filed with the owner, the complainant and the department. When a complaint is received within a political subdivision that maintains its own ordinances establishing standards to control on-site sewage disposal systems that are equal to or more stringent than those standards established in this rule, the complaint shall be transferred to the political subdivision. If a properly documented inspection and action report is received from the political subdivision within thirty (30) days, no additional action will be taken by the department. If the report is not received, the department shall proceed with the investigation. (8) When it is determined by the department that an emergency exists—conditions that constitute an immediate health hazard or threat of an immediate health hazard—which requires immediate action to protect the health and welfare of the public, the department shall seek a temporary restraining order and injunction. This action shall be taken upon the request of the director of the department by the prosecuting attorney of the county in which the violation occurred. When the conditions that caused the emergency are corrected and the health of the public is no longer threatened, the department shall request that the temporary restraining order or injunction be dissolved. (9) All owners or operators of on-site sewage disposal systems who are found to be in violation of this rule or Chapter 701, RSMo (1986) shall be subject to a violation notice from the director. The written notice shall— (A) Include a statement of the reasons for the issuance of the notice; (B) Allow reasonable time as determined by the director for the performance of any act it requires; (C) Be served upon the owner, operator or contractor, as the case may require, provided that the notice or order shall be deemed to have been properly served upon the owner, operator or contractor when a copy of the notice or order has been sent by registered or certified mail to his/her last known address as furnished to the director, or when s/he has been served such notice by any other method authorized by the laws of this state; and (D) Contain an outline of remedial action which is required to effect compliance with sections 701.025–701.039, RSMo (1986) and this rule. (10) The prosecuting attorney of the county in which any case of noncompliance or violation of sections 701.025–701.039, RSMo (1986) or of this rule occurs shall institute, upon request of the department, appropriate proceedings for correction of the noncompliance or violation involved. (11) Action under sections 701.025–701.039, RSMo (1986) does not preempt any private rights of action which exist. AUTHORITY: sections 192.005.2. and 701.025–701.039, RSMo 1986.* Original rule filed Nov. 25, 1986, effective Feb. 28, 1987. *Original authority: 192.005, RSMo 1985, amended 1993.