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36-64-Ordinance No. CG-5 Recorded 10/10/1980S v 1. WL 36PAgE 64, BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON t , FOR DESCHUTES COUNTY` In the Matter of an ) Ah~ Ordinance Relating to ) COUNTY ORDINANCE Sewage and Liquid Waste ) NO. CG-5 Disposal Systems ) The Board of County Commissioners of Deschutes County, a political subdivision of the State of Oregon, ordains as follows: Ordinance No. CG-5, an ordinance relating to sewage and liquid waste disposal systems; providing for permits, fees, inspections, penalties. ARTICLE I. GENERAL PROVISIONS Section 1.01 SHORT TITLE. This ordinance shall be known as the "Sewage Disposal System Ordinance" and may be so cited and pleaded, and shall be cited herein as "this ordinance." Section 1.02 INDEX. ARTICLE I. G] Section Section Section Section Section 3NERAL 1.01 1.02 2.01 3.01 4.01 PROVISIONS Short Title Index Purpose and Policy Definitions Preplanning Assistance ARTICLE II. PERMITS Section 5.01 Section 5.02 Section 5.03 Section 5.04 Section 5.05 Section 5.06 Section 5.07 Requirement Application for Permit Application Approval or Disapproval Permit Issuance Permit Time Limits and Extensions Permit Suspensions or Revocation Permits Public Record ARTICLE III. PERMIT FEES Section 7.01 Inspection ARTICLE V. OCCUPANCY Section 8.01 Occupancy ARTICLE VI. PENALTIES Section 9.01 Notice of Violation Section 9.02 Stop Work Order Section 9.03 Criminal Penalty Section 9.04 Criminal Penalty Not Exclusive Remedy Section 9.05 Jurisdiction ARTICLE VII. APPEALS Section 10.01 Appeals ARTICLE VIII. ENFORCEMENT Section 11.01 Enforcement ARTICLE IX. CONSTRUCTION, REPEAT, OF CONFLICTING ORDINANCES, EMERGENCY CLAUSE Section 12.01 Construction Section 12.02 Repeal of Conflicting Ordinances Section 12.03 Emergency Clause ARTICLE X. EXEMPTIONS Section 13.01 Exemptions Section 2.01 PURPOSE AND POLICY. To protect the health, safety and welfare of the people of Deschutes County, it is declared to be the public policy of Deschutes County to regulate sewage and liquid waste disposal systems: (1) To provide for safe and sanitary disposal of sewage and liquid wastes. (2) To prevent potential health hazards due to improper selection of building sites and improper installation of sewage disposal systems. (3) To comply with the Department of Environmental Quality Commission regulations governing the issuance of temporary waste disposal well permits. Section 3.01 DEFINITIONS. The following definitions are applicable in this ordinance. (1) DIRECTOR. The Director of the Oregon Department of Environmental Quality. (2) WORK. Moving, erecting, constructing, creating, changing, altering, or adding to a sewage disposal system of any building or dwelling or other sewage disposal facility. (3) DEPARTMENT. The Oregon Department of Environmental Quality. -2- A. . gvmt (4) DWELLING. Any residence or abode, including a mobile home, tent, teepee, travel trailer or camper, which is used as a residence, permanent or temporary, for more than 30 days. (5) BUILDING. A structure built for permanent use, and requiring sewage disposal facilities. (6) SEWAGE DISPOSAL SYSTEM. A system for the treatment or disposal of all human excreta, sewage and other household wastes (as separate from the plumbing system, which conveys wastes to the sewage disposal system), but does not include municipal sewer systems. A sewage disposal system may include a waste disposal well. (7) WASTE DISPOSAL WELL. Any natural or man-made hold, crevasse, fissure or opening in the ground which is used or is intended to be used for disposal of sewage, industrial, agricultural or other wastes; provided, however, as used in these regulations, "waste disposal well" does not include a conventional sewage bed, the field, cesspool or landfill constructed and operated in accordance with State Board of Health rules and regulations or waste treatment or disposal ponds or lagoons constructed or operated under a permit issued by the Department of Environmental Quality. (S) NON-WATER-CARRIED WASTE DISPOSAL FACILITIES. (a) Chemical toilet means any device used for the retention and/or treatment of human waste which is dependent upon the addition of organic or non-organic chemicals other than water for that retention and/or holding. It shall also mean portable toilets which are intended to be emptied into water-carried sewage disposal facilities or into trailer holding tank dumping stations. (b) Privy means a structure used for the disposal of human waste without the aid of water. It consists of a shelter built above a pit or vault in the ground into which the human waste falls. Section 4.01 PREPLANNING ASSISTANCE. The County Sanitarian or his authorized representative shall be available to aid citizens by rendering his opinion con- cerning the suitability of a site for a proposed sewage disposal system. The County Sanitarian's opinion shall be rendered on the current situation of the site in question, however, this opinion in no way obligates the County Sanitarian or the Department to issue a permit for a sewage disposal system if subsequent changes in this site or adjoining sites may invalidate this opinion. ARTICLE II. PERMITS Section 5.01 REQUIREMENT. (1) No person, firm, corporation or governmental agency shall "work" on an individual sewage disposal system without first obtaining a permit from the County Sanitarian or his authorized agent. -3- Stu 6' (2) No person, firm, corporation or-governmental agency shall perform "work" or maintenance on a waste disposal well for the disposal of sewage or industrial or agricultural waste without first obtaining a permit from either the Department of Environmental Quality or the Deschutes County Sanitation Department. (3) Permits in each case above shall be obtained prior to commencement of any construction on a building which will require a sewage disposal system. (4) No non-water-carried waste disposal facility shall be used for dwellings except at labor camps and places of employment. In addition to the foregoing, the County Sanitarian or his authorized rep- resentative may require supplemental information in the form of field tests, engineering reports and inspections of the property to determine the water table, type of soil, percolation rate, and other features that pertain to the installation of the proposed sewage disposal facility. Application for permits required by this ordinance shall be made at the Deschutes County Sanitation Department during regular business hours or by mail. Section 5.03 APPLICATION APPROVAL OR DISAPPROVAL. The Director or his authorized representative shall without undue delay examine any application for a permit and shall: (1) Approve the application presented, or (2) Approve the application, provided certain modifications are made, or (3) Disapprove the application. In this case the County Sanitarian shall furnish a written statement to the applicant setting forth the reason for disapproval, and, where feasible, the instructions as to what changes will be necessary before the permit will be issued. This ordinance in no way obligates the Deschutes County Sanitation Department to offer engineering or technical advice. Section 5.02 APPLICATION FOR PERMIT. The applicant for any permit required by this ordinance shall present a plot plan drawn to scale, specifications showing location of lot boundaries, existing and proposed structures, including mobile homes, septic tanks, sewage lines, drainfield or drillhole, and water sources. The applicant for a permit shall complete the application form provided by Deschutes County, which form shall include the home and business addresses of the applicant and the lot, block or location of property on which construction, alteration or extension of the sewage disposal system is proposed, and such further information as may be required by the County Sanitarian or his authorized representative to substantiate that the proposed construction, alteration or extension complies with recognized standards for such construction and applicable federal, state and local regulations. Section 5.04 PERMIT ISSUANCE. When the application for a permit under this ordinance has been approved by the Director or his authorized representative, he shall issue in writing a permit showing the expiration date and any special conditions to be met. -4- V& 36PA01 68 Section 5.05 PERMIT TIME LIMITS AND EXTENSIONS. The date of the permit shall be the date of issue; the permit shall expire 365 days after the date of issue; extensions of time will be at the discretion of the County Sanitarian or his authorized representative, and an additional fee will be charged for extensions of a permit. Section 5.06 PERMIT SUSPENSIONS OR REVOCATION. The County Sanitarian or his authorized representative may, in writing, suspend or revoke a permit issued under the provisions of this ordinance when: (1) The permit has been issued in error, or on the basis of incorrect information supplied. (2) The applicant fails to comply with provisions of the permit. (3) The applicant fails to comply with local and state regulations regarding installation of a sewage disposal system. Section 5.07 PERMITS PUBLIC RECORD. It is hereby specified that permits issued under this ordinance are public records and will be kept on file at the Deschutes County Sanitation Department. ARTICLE III. PERMIT FEES Section 6.01 FEES FOR ISSUANCE OF PERMIT. The fee for issuance of a permit shall be as determined by order of the Board of County Commissioners. Section 6.02 EXEMPTIONS FROM FEE. Federal agencies shall be exempt from paying any fee for a sewage disposal permit. ARTICLE IV. INSPECTION Section 7.01 INSPECTION. Septic tanks and subsurface disposal field may be inspected at any time.before, during and after construction. The installer shall notify the County Sanitation Department when the sewage disposal system is ready for inspection. Inspection may be made by the County Sanitarian or his authorized representative; no sewage disposal system shall be covered until after.inspection has been made and the sewage disposal system approved, or until five full days after notification to the Sanitation Department have passed, Saturdays, Sundays and holidays excepted, whichever occurs first. ARTICLE V. OCCUPANCY Section 8.01 OCCUPANCY. No person shall occupy any new dwelling or newly relocated mobile home, tent, teepee, travel trailer or camper until facilities for sewage disposal have been installed in accordance with the provisions of this ordinance. ARTICLE VI. PENALTIES Section 9.01 NOTICE.OF VIOLATION. If the representative discovers any person, firm, doing or causing to be done any of the act, he shall notify in writing the violator to by service upon the violator in person, or site of the violation. County Sanitarian or his authorized corporation or government agency prohibited by this ordinance, cease such act; notice shall be by posting written notice at the -5- VOL Xnot Section 9.02 STOP WORK ORDER. The County Sanitarian or his authorized representative may cause a stop work order to be posted on any sewage dis- posal system construction found to be in violation of any of the provisions of Oregon State Code or County regulation. Such "stop work order" must set forth the specific violations of the code or ordinance which are cited as a basis for such order. Said sewage disposal system shall not be covered or used until reinspected and found to meet the requirements of the code or ordinance. In all such cases a request for reinspection must be made by the permit holder to the County Sanitation Department. Reinspection shall be made within five days, Saturdays, Sundays and holidays excepted, after receipt of the request for reinspection. In the absence of inspection within this time limit, the system may be covered. Section 9.03 CRIMINAL PENALTY. Violation of any of the provisions of this ordinance are punishable upon conviction by a fine of not more than $100 or by imprisonment of not more than 60 days, or both. Section 9.04 CRIMINAL PENALTY NOT EXCLUSIVE REMEDY. Criminal penalties herein provided are in addition to any other remedies provided by law, including but not limited to, injunction, mandamus, abatement, or other appropriate proceedings to temporarily or permanently enjoin, abate, or otherwise correct violations of this ordinance. Section 9.05 JURISDICTION. Deschutes County District Court shall have jurisdiction over any criminal action brought under this ordinance. ARTICLE VII. APPEALS Section 10.01 APPEALS. All decisions by the County Sanitarian or his authorized representative under this ordinance shall be reviewable by the Department. The Department may, upon its own motion or upon the request of an interested,person or affected public agency or public body, review the decisions of the County Sanitarian pursuant to this ordinance and may modify, rescind or leave standing the decision of the County Sanitarian unless it is contrary to Oregon Administrative Rules Governing the Subsurface Disposal of Sewage. If a denial by the County Sanitarian is based on Oregon State Administrative Rules Governing the Subsurface Disposal of Sewage, a hearing may be granted before the Department. Denial of waste disposal well permits by the County Sanitarian will be referred to the Department for a final decision. ARTICLE VIII. ENFORCEMENT Section 11.01 ENFORCEMENT. It shall be the duty of the County Sanitarian to enforce this ordinance. ARTICLE IX. CONSTRUCTION, REPEAL OF CONFLICTING ORDINANICES,,EMERGENCY CLAUSE Section 12.01 CONSTRUCTION. For the purpose of this ordinance, words used in the present tense include the future, the singular includes the plural, the word "shall" is mandatory and not directory, and the term "this ordinance" shall be deemed to include all amendments hereafter made to this ordinance. -6- r VOL unst 70 Any finding by any court of competent jurisdiction that any portion of this ordinance was unconstitutional or invalid shall not invalidate any other portion of this ordinance. Section 12.02 REPEAL OF CONFLICTING ORDINANCES. Any portions of any other ordinance previously enacted by this County which are inconsistent with the provisions of this ordinance are hereby repealed. Section 12.03 EMERGENCY CLAUSE. This ordinance being necessary for the immediate preservation of the public health, safety and welfare, an emergency is declared to exist and this ordinance takes effect upon its adoption. ARTICLE X. EXEMPTIONS Section 13.01 EXEMPTIONS. This ordinance shall not apply to: (1) Parking and occupancy of a house trailer on a site in a licensed trailer park. (2) Changing the sewage disposal system for a building to connect it to a city sewage disposal system. The exemptions provided for in this section shall be a matter of affirmative defense in any litigation, criminal or civil, for the enforcement of this ordinance, where it may be sought to be established that any such exemption is relevant to the facts of the case. DATED AND ADOPTED this Ar day of 1980. First Reading: Sept. 17, 1980 Second Reading: October 1, 1980 J 0-1- & 0 ROBER C. AULSON, JR., Commi ATTEST: 4 TAMMY J. R CHARDSON Recording Secretary -7- BOARD OF COUNTY COMMISSIONERS