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Learn about Missouri laws, minimum construction standards, and pathogen survival in soil for onsite wastewater treatment to protect public health. Explore permitting, recycling, and legal authority for system inspection and repairs.
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ENVIRONMENTAL PUBLIC HEALTHOnsite Wastewater Treatment Jim Gaughan, P.E., Environmental Engineer Bureau of Environmental Health Services
Onsite Wastewater Treatment • Malfunctioning onsite systems • Missouri Onsite Sewage Laws • Minimum Construction Standards • Permitting and inspection process
Protecting Public Health • Pathogens in water • Water contains numerous microbes – not all are pathogenic • Viruses >120 enteric viruses • Bacteria • Protozoans • Fungi • Worms • Nitrates, phosphorus • PPCPs – pharmaceuticals and personal care products
Onsite Treatment Uses Soil-Pathogen Survival In Soil- • Survival can be quite variable
Factors Affecting Pathogen Survival • Temperature • Survival increases with decreasing temperature. • Soil texture • Finer textures are better for treatment • Soil filters out larger pathogens • Clay particles trap viruses • Moisture • Moist soil prolongs microbial viability; drying inactivates most pathogens. • Predation and competition • Time
Missouri LawsGoverning Onsite Wastewater RSMo 701.025 – 701.059
DEPARTMENT OF NATURAL RESOURCES (DNR) Central Office (CO) and Regional Offices (RO) Approval of the use of Onsite Systems for Subdivisions and Residential Housing Units ( ≥ 7 new or ≥ 3 additional units) - CO Commercial/Industrial Facilities Generating ‘Non-domestic’ Wastewater Determined by DNR - RO or CO JURISDICTIONDHSS? or DNR? NPDES Discharge Permits - RO Land Application of Septage & Wastewater - RO SubsurfaceSurface Single Family Residential Lagoons Multi-Family & Commercial Lagoons - RO ‘Domestic’ Waste from Single and Multi-Family Residential and from Commercial Facilities Multi-Family Residential and Commercial ‘Domestic’ Waste - RO DEPARTMENT OF HEALTH AND SENIOR SERVICES (DHSS) and Local Administrative Authorities Based on DHSS Rule: 3,000 Gallons per Day > 3,000 Gallons per Day
Administrative Authority 26 - State 27 - Contract 61 - Ordinance FY 2011
Administrative Authority • County Health Departments • Planing and Zoning Commissions • County Building Departments • County Public Works Department • Sewer Districts • Municipalities • Missouri Department of Health and Senior Services
Local Ordinances • Must establish a system at least equal to state regulation and inspection • Local authorities may enact and enforce standards that are more stringent or restrictive than state standards
Exemptions from DHSS Regulation • Single-family residence lots of 3 acres or more if: • the system is at least 10 feet from property lines; • sewage does not leave the property, create a nuisance, or contaminate surface waters or groundwater; and • the lot is not adjacent to a Corps of Engineers or public utility lake. • Multi-family residence lots with 10 acres per residence if: • same conditions as for 3 acre exemption are met; and • sewage systems are at least 360 feet apart.
Inspection of Systems • Existing systems are not inspected unless: • A valid complaint is received or with sufficient probable cause • Part of a communicable disease investigation • A construction permit application is submitted to make a major repair • At the request of a private party for a real estate inspection/ evaluation (non-regulatory)
Repairs to Onsite Systems • Repairs not requiring a permit • Minor repairs such as replacing physically-damaged pipe • Cleaning out a lagoon or a sewage tank • Repairs requiring a permit include • Adding additional lateral lines • Replacing a septic tank • Expanding a lagoon • Relocating a part of the system • Generally, remedial action required by an NOV
ComplaintInvestigation Process Malfunctioning Onsite Wastewater Systems
Legal AuthorityRSMo 701.025 through 701.059 • 701.029 prohibits operation of any onsite sewage disposal system that causes contamination of surface waters or groundwater, presents a nuisance or a health hazard • 701.031 requires property owners of all buildings where people live, work or assemble to provide for the sanitary disposal of all domestic sewage.
Legal AuthorityRSMo 701.025 through 701.059 • 701.033 provides right of entry to property to investigate and enforce the sections of the sewage law • 701.037 establishes the notice of violation criteria • 701.038 establishes the authority to investigate complaints from an aggrieved party or an adjacent land owner
Complaint Handling • Is the complaint from an aggrieved party or an adjoining property owner? • If complaint is valid, determine if it alleges a nuisance or an imminent hazard • Do not take any action based solely on a phoned or written complaint –investigate
Complaint Investigation • The investigation should determine if there is evidence of an alleged violation of state statute or local ordinance • Document everything • Dye tracing should not be used routinely
Probable CauseWithout a Complaint • “…reasonable grounds to believe that there has been a violation of any provision of sections 701.025 through 701.059 or the rules…” • Nuisance: • Repairs or new system construction
Issuing ANotice Of Violation • Use form E3.10 Violation Notice • Serve NOV on owner… by registered mail or other authorized method
Minimum Construction Standards for Onsite Wastewater Treatment Systems 19 CSR 20-3.060
Construction Standards Cover • Daily wastewater flow • Site/soil evaluations • Absorption field sizing • Primary treatment – septic tanks, lagoons; or Secondary treatment – aerobic treatment units (ATU’s) • Alternative systems • Advanced treatment • Pressure distribution systems
Permit Process • Authority issues a packet with numbered application – or issues an application number for forms downloaded from the Internet • Property owner or agent submits: • Application fee • Application and system design • Soil evaluation report • Engineering report (if applicable) • Variance application (if applicable)
Application Review • Check application for completeness – it must include all information needed to determine compliance with the construction standards, such as: • Daily flow • Soil report, including loading rate or perc rate • Size and type of tanks and/or size of lagoon • Size and type of absorption field • Groundwater drainage system if needed
Design Review • Review Soil Morphology Report • Confirm Adequate Vertical Separation • Check Tank Size and Field Size • Check Elevations • Check for Adequate Setback Distances • If the application and design comply with the standards, proceed; otherwise, return to applicant for modifications
Variances • With assurance for protection of public health and preservation of surface and groundwater quality, variances may be allowed on a case by case basis for: • Setback distances • Minimum distance between infiltrative surface and restrictive feature or bedrock • Minimum areas for infiltrative surfaces
Pre-Construction Site Visit • Perform preliminary site inspection • If the system layout complies with the standards, issue a construction permit (see copy of Construction Permit/ Final Inspection form and Important Notices)
System Final Inspection • Provide written results of the inspection to the property owner • Document failure to notify or failure to install according to plan - consider action against the installer
Onsite Wastewater Summary • Public Health Protection • Laws Governing Onsite Sewage Systems • Complaint investigation process • Minimum Construction Standards • Application/permit process