Chapter 8.25
PRIVATE WASTEWATER DISPOSAL SYSTEMS
Sections:
8.25.030 Administrative authority.
8.25.040 State provisions adopted.
8.25.070 Certified installer of on-site wastewater treatment systems.
8.25.080 Joint use of on-site wastewater treatment system.
8.25.090 Refusal of admittance.
8.25.010 Purpose.
The purpose of this chapter is to rescind Regulation I-99, On-Site Wastewater Treatment and Disposal (1995), and adopt regulation relating to permits, standards, and inspections for private sewage disposal systems. [Ord. 138 § 1, 2016.]
8.25.020 Jurisdiction.
The provision of this regulation shall apply throughout Black Hawk County, including all cities and towns that do not operate a separate on-site wastewater treatment system program. [Ord. 138 § 2, 2016.]
8.25.030 Administrative authority.
“Administrative authority” refers to the Black Hawk County Board of Health. [Ord. 138 § 3, 2016.]
8.25.040 State provisions adopted.
567 Iowa Administrative Code (IAC) Chapter 69, as presently existing and as hereafter amended, is hereby adopted in its entirety as the private sewage disposal systems rules of Black Hawk County, Iowa. [Ord. 138 § 4, 2016.]
8.25.050 Site evaluation.
A site evaluation shall be conducted by the administrative authority prior to issuance of a construction permit. [Ord. 138 § 5, 2016.]
8.25.060 Fees.
Permit fee schedule shall be determined by the administrative authority. Permits are not transferable. [Ord. 138 § 6, 2016.]
8.25.070 Certified installer of on-site wastewater treatment systems.
All on-site wastewater treatment and disposal systems shall be installed by a contractor that is a holder in good standing of an Iowa On-Site Wastewater Association (IOWWA) certification as a certified installer of on-site wastewater treatment systems, either basic or advanced levels. Continuing education requirements to be determined by IOWWA certification requirements. Proof of certification shall be provided by the certified installer upon demand. All inspections of on-site wastewater treatment and disposal systems require that an IOWWA certified installer be on site during this inspection. [Ord. 138 § 7, 2016.]
8.25.080 Joint use of on-site wastewater treatment system.
Not more than one dwelling, commercial business, institutional or industrial unit shall be connected to the same individual on-site wastewater treatment system. [Ord. 138 § 8, 2016.]
8.25.090 Refusal of admittance.
In the event the Black Hawk County Health Department, in proceeding to enter any premises for the purpose of making an inspection to carry out the provisions of this regulation, shall be refused entry to any or part of the structure, a complaint may be made under oath to any magistrate of the County, and said magistrate shall thereupon issue his/her warrant directed to some peace officer of the County commanding him/her between the hours of sunrise and sunset, accompanied by the administrative authority, to enter upon such premises and to make such inspection, and to obtain such samples as may be required to carry out the provisions of this regulation. [Ord. 138 § 9, 2016.]
8.25.100 Notice.
Whenever the Black Hawk County Health Department determines there are reasonable grounds to believe there has been a violation of any provision of this regulation or any regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
A. Be in writing.
B. Include a statement of the reasons why it is being issued.
C. Allow reasonable time for the performance of any act it requires.
D. Be served upon the owner or his/her agent or occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally, or if a copy is sent by certified mail to his/her last known address; or if he/she is served with such notice by any other method authorized or required under the laws of this state.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this regulation and with regulations adopted pursuant thereto. [Ord. 138 § 10, 2016.]
8.25.110 Variances.
Variances to these rules may be granted by the administrative authority provided sufficient and proposed alternative information is afforded to substantiate the need and propriety of such action. Variances and reasoning shall be in writing and delivered to the administrative authority. [Ord. 138 § 11, 2016.]
8.25.120 Hearings.
In the event any person is aggrieved by any order made or action taken by the Black Hawk County Health Department, he/she may within 20 days of the date of such order appeal to the Board of Health, and such appeal shall be in writing delivered to the Board of Health and state his/her reasons for requesting such order to be rescinded or modified. If in said appeal he/she asks for a hearing before the Board of Health, such hearing shall be granted no later than 60 days following the receipt of such request. The Board of Health will determine if reasonable grounds exist, shall modify, withdraw, or order compliance with the said order. Appeal from any order of the Board of Health may be taken within 20 days to the District Court of Black Hawk County, Iowa. [Ord. 138 § 12, 2016.]
8.25.130 Enforcement.
The Black Hawk County Health Department shall have the duty and responsibility of enforcing this regulation and has the authority to issue citation for violation of these regulations.
A. Citations shall include the name and address of the person charged, the nature of the offense, the time and place at which the person is to appear in court, and the penalty for nonappearance.
B. The cited person shall sign the citation as written and promise to appear in court at the time and place specified. A copy of the citation shall be given to the person.
C. The person issuing the citation shall cause to be filed a complaint in the court in which the cited person is required to appear as soon as practicable, charging the violation stated in the notice. [Ord. 138 § 13, 2016.]
8.25.140 Penalty.
A violation of this regulation shall be considered a violation of the Black Hawk County infractions ordinance, and shall be punishable as provided in said infractions ordinance (Chapter 1.15 BHCC, County Infractions). [Ord. 138 § 14, 2016.]
8.25.150 Supplemental power.
No section, clause or provision of this regulation shall limit the power of the Black Hawk County Health Department or board of injunctive or other relief to enforce public health laws or regulations or standards in any other lawful manner. [Ord. 138 § 15, 2016.]