Salt Lake Valley Health Department
#13 Wastewater Disposal Regulation
Salt Lake Valley
2001 South State Street
Salt Lake City, UT 84190
Wastewater Disposal Regulation
Adopted by the Salt Lake Valley Board of Health
February 6, 1986
August 3, 2006
Under Authority of Section 26A-1-114 Utah Code Annotated, 1953, as amended
Table of Contents
4.1. Permits Required.
4.3. Prohibited Acts.
4.8. Toilet Facilities.
4.8.3. Required for Events.
5.1. Fee Collection.
5.3. Reinspection Fee.
5.5. Late Fees.
6.3.3. Private Dwellings.
7.3.2. Service of NOV.
7.3.3. Contents of NOV.
7.3.4. Challenging an NOV.
7.3.6. Hearings and Appeals.
8.1. Criminal Penalties.
1.1. The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of Salt Lake County and protect the environment through the regulation of illegal discharge of wastewater and pollutants to the maximum extent practicable as required by federal, state, and local law.
1.2. This regulation establishes methods for controlling pollution as defined herein. The objectives of this regulation are:
1.2.1. To mandate connections of buildings to a public sewer system when the sewer is available to property;
1.2.2. To permit and regulate the installation and use of onsite wastewater systems;
1.2.3. To require and regulate toilet facilities; and
1.2.4. To prohibit the illegal discharge of wastewater.
For the purposes of this Regulation, the following terms, phrases, and words shall have the meanings herein expressed:
2.1. “Black water” shall mean wastewater from toilets and urinals.
2.2. “Board” shall mean the Salt Lake Valley Health Department Board of Health.
2.3. “Collection Entity” shall mean a political subdivision of the State of Utah which owns and/or operates facilities for collection and transmission of sewage to a treatment plant.
2.4. “Department” shall mean the Salt Lake Valley Health Department (SLVHD).
2.5. “Director” shall mean the Director of the Salt Lake Valley Health Department or his or her authorized representative.
2.6. “Discharge” shall mean the accidental or intentional releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of any solid waste or solid waste constituents, wastewater, including leachate, into or on any air, land, or water.
2.7. “Human waste” shall mean the waste produced by the human body; including but not limited to urine or fecal matter or both.
2.8. “Onsite Wastewater System” shall mean an underground wastewater disposal system for domestic wastewater. It usually consists of a building sewer, a septic tank and an absorption system.
2.9. “Owner” shall mean any person who alone, jointly, or severally with others:
2.9.1. has legal title to any onsite wastewater system or premises, with or without accompanying actual possession thereof; or
2.9.2. has charge, care, or control of any onsite wastewater system or premises, as legal or equitable owner, tenant, licensee, or agent of the owner, or an executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.
2.10. “Person” shall mean any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the State or its departments, institutions, bureaus, or agencies; any municipal corporation, county, city, political subdivision, or any other legal entity recognized by law.
2.11. “Pollution” shall mean such contamination, or other alternation of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous or solid substance into any waters of the state as will create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
2.12. “Publicly-Owned Treatment Works” or “POTW Entity” shall mean a political subdivision of the State of Utah located entirely or partly within Salt Lake County which owns and/or operates a facility for the treatment of sewage whereby sewage is rendered less harmful or objectionable or less of a health hazard. POTW Entity includes specifically Salt Lake City, the Central Valley Water Reclamation Facility Board, the South Valley Water Reclamation Facility Joint Administrative Board, and the Magna Water and Sewer Improvement District, as to the area over which each has jurisdiction.
2.13. “Sewage” shall mean a combination of liquid or water-carried wastes from residences, businesses, institutions, and other establishments with installed plumbing facilities, together with those from industrial establishments, and with such groundwater, surface water, and storm water as may be present.
2.14. “Sewer or Sewer System” shall mean pipes, channels, or other facilities used for the collection, transmission, treatment, and/or disposal of sewage by a POTW.
2.15. “Sewer Connection Availability” shall mean approval from a POTW for the connection to an approved sewer conveyance system.
2.16. “Substance” shall mean any physical matter, including any solid, liquid, or gas whatsoever.
2.17. “Surface Water” shall mean any water running, standing, or found on or within five inches of the surface of the ground.
2.18. “Wastes” shall mean all substances which pollute or if discharged, are capable of polluting waters of the state.
2.19. “Wastewater” shall mean sewage, industrial waste, or other liquid or waterborne substances causing or capable of causing pollution of waters of the state. Intercepted groundwater which is uncontaminated by wastes is not included.
2.20. “Waters of the State” shall mean all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural, or artificial, public or private, which are contained within, flow through, or border upon this State or any portion thereof, insofar as within the jurisdiction of the Department, provided that bodies of water confined to and retained within the limits of private property, and which do not develop into or constitute a nuisance, or a public health hazard or a menace to fish and wild life, shall not be considered waters of this State under this definition.
2.21. “Watershed Area” shall mean the area defined in the Department’s Health Regulation #14, Watersheds.
3.1. Jurisdiction of the Department.
3.1.1. This regulation is promulgated by the Salt Lake Valley Board of Health as authorized by Section 26A-1-121(1), Utah Code Ann., 1953 as amended and Chapter 9.04, Salt Lake County Code of Ordinances.
3.1.2. The Department is empowered to enforce this regulation in all incorporated and unincorporated areas served by the Department as authorized by Section 26A-1114(1)(a), Utah Code Ann., 1953 as amended and Chapter 9.04, Salt Lake County Code of Ordinances.
3.2. It shall be unlawful for any person not to comply with any regulation promulgated by the Department unless granted an express variance by the Salt Lake Valley Board of Health.
3.3. Compliance with this regulation does not constitute a defense if charged with any environmental crime or violation of any local, state, or federal law.
3.4. Legal action taken by the Department under this Regulation does not preclude prosecution for any environmental crime that may have been committed or violation of any other local, state, or federal law.
3.5. Nothing in this regulation affects or modifies in any way the obligations or liability of any person under any other regulation or provision thereof issued by the Department, any ordinance issued by Salt Lake County or any municipality located within Salt Lake County, or any state or federally issued law, including common law. However, Departmental regulations supersede other existing local and county standards, regulations and ordinances pertaining to similar subject matter that are inconsistent.
3.6. Severance. If any section, subsection, sentence, clause, or phrase of this regulation is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this regulation.
4.1.1. Department Approval and Onsite Wastewater Permit Required. No person shall construct, occupy, or own a building that has an onsite wastewater disposal system; replace an existing absorption system; or remodel a building to which an onsite wastewater system is connected in such a way that increases the bedroom count without prior written approval and a corresponding valid Onsite Wastewater Permit.
(i) To apply for an Onsite Wastewater Permit when constructing a building that has an onsite wastewater disposal system or to replace an existing absorption system, the applicant shall:
a. Submit a completed Department-provided application form;
b. Submit written documentation from the Collection Entity which has jurisdiction where the property is located, stating that sewer service is not available;
c. Cause percolation tests and soil explorations to be performed by a certified professional in the areas of the primary and replacement drain fields. At least 24 hours prior to performing the tests, the Department shall be notified of the day and time the tests will be performed to give the Department the opportunity to witness the tests.
d. Submit a completed application to the Department pursuant to Utah Administrative Code R317-4.3 including plans, design, design criteria, and test results which shall be performed by a person who is certified as required under Utah Administrative Code R317-11 and which verify that the system meets the requirements of Utah Administrative Code R317.
(ii) To apply for an Onsite Wastewater Permit when remodeling a building to which an existing onsite wastewater system is connected in such a way that increases the bedroom count, the applicant shall submit to the Department properly prepared drawings, engineering reports, and design criteria for review and approval.
4.2. Onsite wastewater systems must be constructed and installed in accordance with the plans approved by the Department.
4.3.1. To place or conduct any sewage or wastewater into any storm drain system, street, alley, sidewalk, gutter, watercourse, canal, river, stream or other waters of the State of Utah, or in any landscaped area, vacant land, or other place not suited or designated for the disposal of sewage or wastewater.
4.3.2. To discharge wastewater into the sanitary sewer, either on or off a job site, without the permission of the owner of the property and the associated POTW. The permit holder shall provide proof of such permission to the Director upon demand.
4.3.3. Construct or cause to be constructed a septic tank or other privately owned wastewater disposal system on property required to be connected to the sewer system by subsection 4.1 above.
4.4. Onsite Wastewater Disposal System Maintenance. Onsite wastewater disposal systems shall be maintained in a manner that prevents the surfacing of sewage, the creation of a nuisance, a public health hazard, or a menace to fish or wildlife.
4.5. Watershed. Any wastewater disposal system on property in the watershed area shall conform to the Department’s Health Regulation #14, Watersheds. All blackwater discharged from any property in a watershed area shall be discharged into a holding tank as outlined in Utah Administrative Code R317-4-12. Septic tanks with drainfields may be used for the disposal of other domestic wastewater in a watershed (from sinks, washbowls, bathtubs, washing machines, and dishwashers) in compliance with Utah Administrative Code R317-4.
4.6. Mandatory Connection to Sewer. The wastewater drainage system of each dwelling, building or premises shall receive all wastewater (including but not limited to 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 connected to an onsite wastewater system found to be adequate and constructed in accordance with the requirements of Utah Administrative Code R317-4. The owner of real property shall connect the building to the sewer system within 60 days after receiving written notice of the sewer connection availability, if any part of the sewer conveyance system is situated within 300 feet of ay point of the property line. The Department may waive this subsection if the property owner can demonstrate substantial and unusual hardship which does not present a significant public health risk.
4.7. Subsequent Use of Onsite Wastewater Systems. If connection to the sewer system is required pursuant to subsection 4.6, the owner shall, within thirty days of connecting to the sewer, pump and abandon any septic tank or privy vault, remove any outhouse, fill with earth any cesspool located on his property, and make no further use of those or any other privately owned wastewater disposal system. The abandonment of any septic tank shall be performed in accordance with requirements of Utah Administrative Code R317-4. Any pit privy or cesspool shall be backfilled with approximately 2 feet of compacted earth and mounded slightly to allow for settlement and to prevent depressions for surface ponding of water. Any cesspool, outhouse, septic tank or privy vault that has not been abandoned on property required to be connected to the sewer system is hereby declared to be a public nuisance. Documentation of the abandonment of any onsite wastewater system shall be submitted to the Salt Lake Valley Health Department within 30 days of completion.
4.8.1. Required. The owner(s) or occupant(s) of any building used for human habitation shall install and maintain a toilet in conformance with the provisions of of Salt Lake Valley Health Department Regulation No. 3, part 4.4.2 and theInternational Plumbing Code. It shall be unlawful for any person to establish or maintain any privy, vault privy, or place other than a toilet for the deposit of human waste except as provided in Utah Administrative Code R317-560.
4.8.3. Required for Events. Any person responsible for a scheduled event attracting 10 or more individuals to a location where adequate toilet facilities are not otherwise available shall be responsible for providing adequate toilet facilities in accordance with this regulation.
(i) Permanent Facilities. Any vault or other approved receptacle used for storage of human waste shall be emptied completely at least once each year by a Waste Contractor, permitted under the Salt Lake Valley Health Department’s Regulation #1. Additionally, the vault or receptacle shall be completely emptied whenever the level of human waste in such vault or receptacle reaches 80 % of capacity or a point 12 inches or less below any removal or leakage point or the ceiling of such vault or receptacle, whichever point is lower.
(ii) Temporary Facilities. Any person providing a temporary toilet facility shall provide for emptying and hauling of the waste from such facility by a Non-Infectious Solid Waste Contractor, permitted under the Salt Lake Valley Health Department’s Regulation #1 to an approved site as often as needed while the facility is in use and within 24 hours of the termination of the use of the facility.
4.8.5. Seal. It shall be unlawful for any person to break or remove any seal placed by the Director upon any closet, urinal, or other place where human waste is deposited or to use any such place so sealed, until the nuisance is abated and the seal removed.
5.1. The Department may establish and collect appropriate fees for licenses and permits as set out in this regulation. The Department may collect appropriate fees as set out in this regulation for the performance of services, including plan reviews. If information submitted to the Department as required under part 4.1.1 of this regulation changes, the applicant shall notify the Department and receive approval prior to altering an onsite wastewater system or an absorption system.
5.2. Onsite Wastewater Permit Fee. Any applicant applying for an Onsite Wastewater Permit as required by subpart 4.1.1 of this regulation shall be required to remit an Onsite Wastewater Permit Fee of $350.00 upon application and shall also remit to the Department, upon application, the State imposed New System Fee of $25 as required in U.C.A. § 19-5-122.
5.3. Reinspection Fee. If a reinspection of an onsite wastewater system or absorption system is required under subsection 6.2 of this regulation, the permit applicant shall pay a Reinspection Fee of $55.00.
5.4. Home-Sale Inspection Fee. If a person requests a Department-conducted inspection of an onsite wastewater system, the person shall remit to the Department prior to the inspection a Home-Sale Inspection Fee of $110.00.
5.5.1. The Department may impose upon any party subject to this regulation penalties and charges for failure to timely pay service and license or permit fees as set out in this regulation. Attorney’s fees and collection fees may also be applied.
5.5.2. Fees unpaid to the Health Department after 30 calendar days of the due date will be assessed a penalty of 10% of the outstanding balance. Failure to pay the fees and additional charges after 60 days of the due date will be assessed an additional penalty of 15% of the outstanding balance including previous penalties. Failure to pay the fees and additional charges after 100 days of the due date will result in suspension of the permit and the right to operate. A $40.00 charge will be assessed for each returned check.
5.6. Unless otherwise provided for in this regulation or approved by the Director in the Department’s Fee Standard, all fees collected by the Department are non-refundable. All licenses and permits issued by the Department are non-transferable.
6.1. To ensure compliance, the Department has the authority to perform inspections, investigations, reviews, and other actions as necessary.
6.2. Onsite Wastewater System Inspection. Compliance with applicable rules and this regulation shall be determined by an on-site inspection by the Department after construction but before backfilling. A 24 hour notice shall be made to the Department when the system is ready for inspection. If the Department must inspect an onsite wastewater system or absorption system more than once due to a determination upon the first inspection that the system has not met the requirements of this regulation or the system’s approved plans, the applicant shall be required to remit the Reinspection Fee stated in subsection 5.3.
6.3.1. Regulated Commercial Premises. Upon presenting proper identification, authorized representatives of the Department may enter upon the premises of properties regulated by the Department to perform routine inspections to insure compliance with rules, standards, regulations, and ordinances adopted by the Department, the Departments of Health and Environmental Quality, county or municipal governing bodies, or the division of Occupational and Professional Licensing.
6.3.2. Unregulated Commercial Premises. The Department may enter upon the premises of unregulated commercial properties upon the consent of the owner or otherwise responsible party or upon a warrant issued by a court.
6.3.4. Consent by License or Permit: The Department may require licensees or permitees to consent to access for inspections as part of their license or permit. Failure to allow access for inspections as set out in the license or permit may result in the suspension or revocation of the license or permit.
6.4. The owner or other responsible person may request information gathered by the Department during an investigation, inspection or review as authorized by the Government Records Access and Management Act, §§ 63-2-101 to 63-2-1001 Utah Code Ann., 1953 as amended.
7. ENFORCEMENT MECHANISMS. If the Department has investigated or inspected any property or facility and believes the property owner or other responsible party is in violation of this regulation or the Department has other reasonable grounds to believe that there has been a violation of any part of this regulation or that the property owner or otherwise responsible party is not in compliance with this regulation, the Department may take civil enforcement action as authorized by statute, rule, ordinance, and regulation and may also refer the matter for criminal prosecution. Civil enforcement may involve court or administrative actions, injunctive actions, and closures and may involve cost recovery, penalties, and other remedies. Civil and criminal actions may be brought simultaneously. A person does not need to be first adjudged liable in a civil matter before facing criminal charges.
7.1. Criminal Enforcement Actions. The Department may recommend criminal prosecution for environmental violations either alone or in conjunction with civil enforcement. Criminal prosecutions for environmental violations of state or federal law may be filed by the District Attorney, Utah Attorney General, United States Department of Justice, or other enforcement entity. Factors that the Department may consider in recommending criminal enforcement include the following factors and any other relevant factors.
7.1.1. The nature and seriousness of the offense including the immediacy of the threat of danger to the life or safety of another or the harm or threatened harm to human health or environment;
7.1.2. The degree to which the violation was designed to provide economic gain or cost avoidance or it involved a pattern of conduct or a common attitude of illegal conduct;
7.1.3. The degree to which the offender is a known violator and has avoided prior actions by the department;
7.1.4. The degree to which prosecution might deter future violations;
7.1.5. The person’s actual culpability in connection with the offense including the presence in connection with the offense including the presence of criminal intent;
7.1.6. The person’s willingness to cooperate in the investigation including whether the violator has attempted to conceal evidence or prosecution of others;
7.1.7. The appropriateness of referring the case to other agencies having prosecutorial interest; and
7.1.8. Possibilities of civil remedies which would be more appropriate than initiating the criminal justice process.
7.2.1. The Department may request that the District Attorney bring an action to restrain or enjoin actions in violation of public health, environmental laws, and other laws or abate conditions in violation of such laws.
7.2.2. Strict Liability. Except as otherwise specifically provided herein, any person violating any provision of this section may be found guilty without regard to fault, knowledge, intent, or the state of mind of the person committing the violation.
7.3.2. Service of NOV. The Department may provide notice to the owner of the property or otherwise responsible person by sending the NOV via first class mail to the last known address of the owner of the property or other responsible person. If notice is returned undeliverable, the owner of the property or other responsible person may be personally served or be given notice by other methods reasonably calculated to give actual notice to the owner or other responsible party.
(i) Describe the property and the persons believed to be in violation;
(ii) Describe the violation;
(iii) Describe remedial action that will comply with the provisions of this regulation;
(iv) Set a reasonable time for the performance of any required remedial action(s);
(v) Describe the procedure to contest the NOV and the time limits for such a contest; and
(vi) Notify the owner or other responsible person that if no written contest is filed within the time required, the NOV will become final and unappealable to any administrative entity or court.
7.3.4. Challenging an NOV. As detailed in the SLVHD’s Adjudicative Hearing Procedures, a party aggrieved by an NOV may request a departmental conference, departmental hearing, or departmental appeal in writing within ten (10) days of the date of the NOV.
(i) After issuance of the NOV, the alleged violator has the option to request and attend a Departmental Conference to discuss the NOV and settlement with the Department and its legal counsel. No hearing officer will be present. The process of requesting a Departmental Conference are more fully described in the SLVHD’s Adjudicative Hearing Procedures.
(ii) If the parties agree to a settlement, the Department Will prepare, in conjunction with the District Attorney’s Office, a binding Settlement Agreement or Stipulation and Consent Order which may require the payment of penalties and the costs of investigation. Parties may also agree to a settlement at any time subsequent to the Departmental Conference. After signing a Settlement Agreement or Stipulation and Consent Decree, the parties waive all rights to further department and court hearings or appeals. Settlement Agreements or Stipulation and Consent orders may be enforced in state courts.
7.3.6. Hearings and Appeals. Parties Aggrieved by an NOV may also request a Departmental Hearing or a Departmental Appeal. A hearing officer is present at these proceedings and makes a written determination. The methods of challenging an NOV are more fully described in the SLVHD’s Adjudicative Hearing Procedures. Departmental Hearing Orders and Departmental Appeal Orders may be appealed to the entities and within the time limits set out in the SLVHD’s Adjudicatory Hearing Procedures.
7.3.7. Failing to respond to an NOV. If a party fails to respond to an NOV within the required time, the NOV becomes a final order unappealable to any administrative entity or court. The Department may then enforce the order in state court.
7.4.1. The Department may declare unsanitary conditions a nuisance and cause every nuisance affecting the public health to be abated.
7.4.2. Any variances allowed by the Department to the requirements of this regulation shall be only by written approval of the Board.
7.4.3. Exercise of Physical Control. The Department may establish, maintain, and exercise physical control over property and over individuals as the Department finds necessary for the protection of the public health including but not limited to closing theaters, schools, and other public or private places and prohibit public gatherings. The order shall be effective immediately. Any person to whom the order is directed shall comply immediately but may petition the Director for a hearing in accordance with the Salt Lake Valley Health Department’s Adjudicative Hearing Procedures. After the hearing and depending upon the findings as to whether the person has complied with the provisions of this regulation, the Director shall continue the order in effect or modify or revoke it.
7.4.4. Seal. The Director may condemn as a nuisance and seal up and forbid the use of any water closet, urinal, or other receptacle into which human waste is deposited if it is not equipped and maintained as provided by law or if any water closet or tank is not cleaned and the contents thereof not hauled away or disposed after notice is given to the owner or occupant of the premises within the time designated on the notice.
7.4.5. Emergency Enforcement. If the Director finds that an emergency exists that requires immediate action to protect the public health, he may without notice or hearing issue an order declaring the existence of an emergency and requiring that action be taken as he deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom the order is directed shall comply and abate the nuisance immediately; but may petition the Director for a hearing in accordance with the Salt Lake Valley Health Department’s Adjudicative Hearing Procedures. After the hearing and depending upon the findings as to whether the person has complied with the provisions of this regulation, the Director shall continue the order in effect or modify or revoke it. If circumstances warrant because of the seriousness of the hazard, the Department may act to correct or abate the emergency without issuance of an order or directive or without waiting for the expiration of compliance time previously given in an order.
8.1.1. Any person who is found guilty by a court of violating any of the provisions of this regulation, either by failing to do the acts required herein or by doing a prohibited act, is guilty of a class B misdemeanor, pursuant to Section 26A-1-123, Utah Code Annotated, 1953, as amended.
8.1.2. Each day such violation is committed or permitted to continue shall constitute a separate violation.
8.1.3. Each similar subsequent violation occurring within two years of the initial violation may constitute a class A misdemeanor.
8.2.1. Penalties may be included in a Settlement Agreement or Stipulation and Consent Order. Penalties may be assessed according to the following factors:
(i) The violator’s history of compliance or non-compliance;
(ii) The violator’s economic benefit of non-compliance;
(iii) The documented costs associated with environmental or health damage;
(iv) The violator’s degree of willfulness or negligence; and
(v) The violator’s good faith efforts to comply and cooperate.
8.2.2. The Director may multiply the penalty by the number of days the violation occurred
8.3.1. The Department may recover its inspection, investigative and abatement expenses and costs from owners or other responsible person.
8.3.2. The Department may record a judgment lien on a violator’s property to recover its expenses and costs.
9.1. This regulation shall be come effective upon its enactment by the Salt Lake Valley Board of Health.
APPROVED AND ADOPTED this _______ day of ____________, 2006. SALT LAKE VALLEY BOARD OF HEALTH
By: ______________________________ William S. Kidder, D.D.S.
By: ______________________________ GARY L. EDWARDS, M.S. Executive Director Salt Lake Valley Health Department