§ 8-207. General provisions.

(a)

On-site sewage management system required.

(1)

Where public or community sewage treatment systems are not available, the owner, lessee or agent thereof of every building, residence or property, designed, used or intended to be used for human occupancy or congregation, shall provide an approved on-site sewage management system sufficient for persons normally expected to use or frequent the building, residence or other property for two hours or more. Connection shall be made to a public or community sewage treatment system when such system is available within 200 feet of the property line, or available in a public right-of-way abutting the property. Where a public or community sewage treatment system is to be constructed, or an existing public or community sewer is to be extended to serve a lot, or an approved on-site sewage management system is to be used, the building sewer shall be installed so that it will ensure gravity flow at a self-cleaning velocity throughout. If an existing on-site sewage system fails, immediate connection shall be made to a public or community sewerage system if such a system is available.

(2)

Any facility that produces a waste stream with BOD5 (biochemical oxygen demand) and TSS (total suspended solids) higher than 200 mg/l shall be required to pre-treat the waste to reduce the BOD5 and TSS to 200 mg/l or below before disposal through a conventional or chamber septic tank system.

(b)

On-site sewage management system construction permit required.

(1)

No person may begin the physical development of a lot or structure thereon, where an on-site sewage management system will be utilized, nor install an on-site sewage management system or component thereof without having first applied for and obtained from the county health department a construction permit for the installation.

(2)

Application for such a construction permit shall be made in writing on forms provided by the county board of health. The county board of health shall approve or disapprove such application within 20 days after the receipt of a completed application. The application shall include:

a.

Name and address of the owner and the applicant, if other than the owner;

b.

Location of property;

c.

Plans and specifications, including location and design of the proposed on-site sewage management system, including surface and subsurface drainage and piping;

d.

Nature of the facility to be served;

e.

Location of all water supplies, geothermal systems, or other utilities and trash pits on or off the lot, which will bear upon the location of the on-site sewage management system;

f.

Number of bedrooms in the dwelling, or the number of persons to be served in other types of establishments, or other sewage flow or water usage data;

g.

Soil characteristics, including soil types and capabilities, frequency and evaluations of seasonal high groundwater tables, occurrence of rock and other impervious strata;

h.

Signature of the owner or agent applying for permit; and

i.

Any additional information deemed necessary to determine the suitability of the site.

(3)

The county board of health may waive submission of part of the information required for the application, provided the board deems that such information is available from previously submitted subdivision or mobile home park data, or from other sources. The information must be sufficient to make an adequate appraisal of the acceptability of the proposed lot for the installation of an on-site sewage management system.

(4)

Repairs, replacement, or additions to existing systems must be permitted and inspected.

(5)

Any person preparing to modify a lot for the purpose of obtaining a construction permit for the installation of an on-site sewage management system shall submit plans showing the type and extent of modifications. No modifications shall be carried out prior to the approval of the plans by the county board of health. Such approval shall be in accordance with the provisions of the department's current Manual for On-Site Sewage Management Systems.

(c)

Requirements for on-site sewage management system construction permit issuance or denial.

(1)

On-site sewage management system construction permits shall be issued only after a site inspection by the county board of health shows favorable findings relative to absorption rates, soil characteristics, groundwater, rock and any other factors which would affect the acceptability of the lot. No construction permit for an on-site sewage management system shall be issued prior to the approval of the public water supply system, where a public water supply system is to be utilized. Lot suitability and approval is to be determined by the criteria established by the department's current Manual for On-Site Sewage Management Systems.

(2)

Lots shall be sized according to the regulations of the county board of health. The county board of health may deny or revoke an on-site sewage management system construction permit upon finding the lot unsuitable or for failure of the applicant to comply with the provisions of these rules. Such denial shall be made in accordance with the provisions of O.C.G.A. §§ 12-8-1, 31-5-2, 31-5-3, 31-5-4, 31-5-5 and 31-5-6. On-site sewage management construction permits shall remain valid for not more than 12 months from the date of issue.

(3)

Issuance of a construction permit for an on-site sewage management system, and subsequent approval of same by representatives of the county board of health shall not be construed as a guarantee that such systems will function satisfactorily for a given period of time; furthermore, said representatives do not, by any action taken in affecting compliance with these rules, assume any liability for damages which are caused, or which may be caused, by the malfunction of such system.

(4)

On tracts or parcels of land of three acres or more, the conventional or chamber septic tank system may be utilized where the percolation rate does not exceed 120 minutes per inch. All other conditions must comply with the requirements of the regulations for on-site sewage management systems.

(d)

Inspections .

(1)

No person may backfill or use an on-site sewage management system until final inspection has been made by the county board of health to determine compliance with the provisions of the construction permit issued under subsection (c) of this section and written approval has been issued by the county board of health.

(2)

A copy of the final inspection of an on-site sewage management system shall be provided to the owner, builder, developer or agent, whichever is appropriate.

(3)

Grading, filling, digging trash pits or other landscaping or construction activities on the lot subsequent to final inspection by the county board of health which may adversely affect the onsite sewage management system shall render the approval void. Removal or alteration of system components after final inspection by the county board of health shall render the approval void.

(e)

Design limits for conventional or chamber septic tank systems . To provide for the maintenance of sanitary conditions through the proper functioning of a conventional or chamber septic tank system for a reasonable period of time, no such system may be installed, constructed, or used, having a septic tank design capacity of less than 1000 gallons or greater than 10,000 gallons, or where the total length of absorption trenches required would exceed 3,000 linear feet, or where the total absorption trench bottom area required would exceed 9,000 square feet.

(f)

Submission of plans, specifications, and soil data. Plans, specifications, soil data and, if required, absorption test data, submitted to the county board of health for the purpose of obtaining a construction permit to install an on-site sewage management system, which will produce a sewage flow in excess of 2,000 gallons per day, shall bear the registration number and signature of a registered professional engineer, certified and registered under the laws of the state. The county board of health may accept plans, specifications, soil data, and absorption test data for facilities with sewage flow of 2,000 gallons or less per day, when prepared in accordance with these rules, from any person who demonstrates to the satisfaction of the county board of health that they have sufficient knowledge of on-site sewage management system design.

(g)

Soil data acceptability for individual lots. Soil evaluations shall be conducted by individuals meeting the requirements established in the department's current Manual for On-Site Sewage Management Systems.

(h)

Soil data or design certification required .

(1)

The soil classifier, engineer, geologist or other professional approved by the department shall be required to attach to any soil evaluation submitted to the county board of health a copy of a current in force liability insurance certificate with limits of liability of no less than $1,000,000.00.

(2)

Soil evaluation reports submitted in compliance with the requirements established by the soil survey report checklist in section C of the department's manual shall be deemed sufficient and shall be accepted. The county board of health shall issue on-site sewage management system permits on sites deemed suitable by soil evaluations conducted in accordance with requirements established by the checklist in section C of the department's manual. In the event the county board of health finds the soil evaluation is deficient, it shall notify the person or entity that submitted the evaluation in writing by mail within three business days stating all deficiencies and measures needed to correct deficiencies.

(3)

Engineer designs submitted in compliance with the requirements established by the engineered site plan checklist in section F of the department's manual and submitted with a copy of current in force liability insurance certificate with limits of liability of no less than one million dollars shall be accepted by the county board of health. Engineer designs shall be evaluated within 20 days of submission and a written determination of said evaluation shall be mailed to the submitter within three business days of the findings by the county board of health. If the engineer design is rejected, the county board of health will notify the submitter listing the deficiencies found, the measures needed to correct the deficiencies and of the submitter's right to appeal the county's decision.

(i)

On-site sewage management system notice required . In the event an on-site sewage management system, alternative system or soil fill installation is installed, notice shall be delivered to the owner of such property and in the event of new construction homes or commercial buildings, notice must be delivered to new owner, by the homebuilder/contractor, at the time of conveyance on such property stating the type of installation, design and maintenance needs.

(Ord. of 4-7-2011(02), title 8.5, Rule 290-5-26-.03)

Note— Authority O.C.G.A. Secs. 12-8-1, 31-2-2, 31-2-4, 31-2-7. History. Original Rule entitled "Sewers" was filed on December 1, 1969, as 270-5-25.03; effective December 20, 1969. Amended: Rule renumbered as 290-5-26-.03. Filed June 10, 1980; effective June 30, 1980. Amended: Rule repealed and a new Rule entitled "General Provisions" adopted. Filed March 28, 1984; effective April 27, 1984, as specified by the Agency. Amended: ER. has been adopted. F. Jan. 2, 1998; eff. Jan. 15, 1998, as specified by the Agency, to be in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER. Amended: ER. repealed and permanent Rule, same title adopted. F. Jan. 23, 1998; eff. Feb. 20, 1998, as specified by the Agency. Amended: Jan. 17, 2007; eff. April 1, 2007, as specified by Agency.