R317-4-3. General Standards, Prohibitions, Requirements, and Enforcement

3.1. Failure to Comply With Rules.

Any person failing to comply with this rule shall be subject to enforcement action as specified in Sections 19-5-115 and 26A-1-123.

3.2. Feasibility.

Onsite wastewater systems are not feasible in some areas and situations. If property characteristics indicate conditions that may fail in any way to meet the requirements specified herein, the use of onsite wastewater systems shall be prohibited.

3.3. Onsite Wastewater System Required.

The drainage system of each dwelling, building or premises covered herein shall receive all wastewater, including bathroom, kitchen, and laundry wastes, and shall have a connection to a public sewer except when such sewer is not available or practicable for use, in which case connection shall be made:

A. to an onsite wastewater system found to be adequate and constructed in accordance with this rule; or

B. to any other type of wastewater system acceptable under Rules R317-1, R317-3, R317-5, R317-401, or R317-560.

3.4. Flows Prohibited From Entering Onsite Wastewater Systems.

No ground water drainage, drainage from roofs, roads, yards, or other similar sources shall discharge into any portion of an onsite wastewater system, but shall be disposed of so they will in no way affect the system. Non-domestic wastes such as chemicals, paints, or other substances that are detrimental to the proper functioning of an onsite wastewater system may not be disposed of in such systems.

3.5. Increased Flows Prohibited.

A person may not connect or expand the use of a single-family dwelling or nonresidential facility connected to an existing onsite wastewater system if the projected wastewater flows would be greater than the original design flow. When the design flow is exceeded, expansion may occur if the onsite wastewater system is modified, permitted, and approved by the regulatory authority for the increased flow.

3.6. Material Standards.

All materials used in onsite wastewater systems shall comply with the standards in this rule.

3.7. Property Lines Crossed.

Systems, including replacement areas, shall be located on the same lot as the building served unless, when approved by the regulatory authority, a perpetual utility easement and right-of-way is established on an adjacent or nearby lot for the construction, operation, and continued maintenance, repair, alteration, inspection, relocation, and replacement of an onsite wastewater system, including all rights to ingress and egress necessary or convenient for the full or complete use, occupation, and enjoyment of the granted easement. The easement shall be large enough to accommodate the proposed onsite wastewater system and replacement area. The easement shall meet the setbacks specified in Section R317-4-13 Table 2.

3.8. Initial Absorption Area and Replacement Area.

A. All properties that utilize onsite wastewater systems shall be required to have a replacement area.

B. The absorption area, including installed system and replacement area, may not be subject to activity that is likely to adversely affect the soil or the functioning of the system. This may include vehicular traffic, covering the area with asphalt, concrete, or structures, filling, cutting or other soil modifications.

3.9. Operation and Maintenance.

Owners of onsite wastewater systems shall operate, maintain, and service their systems according to the standards of this rule.

3.10. No Discharge to Surface Waters or Ground Surface.

Effluent from any onsite wastewater system may not be discharged to surface waters or upon the surface of the ground. Wastewater may not be discharged into any abandoned or unused well, or into any crevice, sinkhole, or similar opening, either natural or artificial.

3.11. Repair of a Malfunctioning or Unapproved System.

Upon determination by the regulatory authority that a malfunctioning or unapproved onsite wastewater system creates or contributes to any dangerous or unsanitary condition that may involve a public health hazard, or noncompliance with this rule, the regulatory authority shall order the owner to take the necessary action to cause the condition to be corrected, eliminated or otherwise come into compliance.

A. For malfunctioning systems, the local health department shall require and order:

1. all necessary steps, such as maintenance, servicing, repairs, and replacement of system components to correct the malfunctioning system, to meet all rule requirements to the extent possible and may not create any new risk to the environment or public health;

2. effluent quality testing as required by Subsection R317-4-11.4;

3. evaluation of the system design including non-approved changes to the system, the wastewater flow, and biological and chemical loading to the system;

4. additional tests or samples to troubleshoot the system malfunction.

B. The regulatory authority may require fees for additional inspections, reviews, and testing.

3.12. Procedure for Wastewater System Abandonment.

A. When a dwelling served by an onsite wastewater system is connected to a public sewer, the septic tank shall be abandoned and shall be disconnected from and bypassed with the building sewer unless otherwise approved by the regulatory authority.

B. Whenever the use of an onsite wastewater system has been abandoned or discontinued, the owner of the real property on which such wastewater system is located shall render it safe by having the septic tank, any other tanks, hollow seepage pit, or cesspool wastes pumped out or otherwise disposed of in an approved manner. Within 30 days the tanks shall be:

1. crushed in place and the void filled;

2. completely filled with earth, sand, or gravel; or

3. removed.

C. The regulatory authority may require oversight, permit, or inspection of the abandonment process.

3.13. Septage Management.

A person shall only dispose of septage, or sewage contaminated materials in a location or manner in accordance with the regulations of the division and the local health department having jurisdiction.

3.14. Multiple Dwelling Units.

Multiple dwelling units under individual ownership, except condominiums, may not be served by a single onsite wastewater system except where that system is under the sponsorship of a body politic. Plans and specifications for such systems shall be submitted to and approved by the division. Issuance of a construction permit by the board shall constitute approval of plans and authorization for construction. Before the permit is issued, the division shall review plans with the local health department having jurisdiction over the proposed onsite wastewater system.