1.0201 Ordinance in Force

1.0201 Ordinance in Force

This Ordinance, entitled SEWER AND WASTEWATER TREATMENT, shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.

1.0202 Approved Method of Treatment Required

Every residence and building within the territorial limits of the Lake Herman Sanitary District, Lake County, South Dakota, in which human beings reside, are employed or congregate, shall be provided with an approved method of wastewater treatment in a manner which does not cause pollution of ground or surface waters, or does not create a public health problem or odor as required by this Ordinance.

1.0203 Treatment Systems Allowed

Only the following methods of treatment shall be permitted within the limits of the District.

1.0204 Approved Flushed Toilets Required

Every residence, building or area in which human beings reside, are employed or congregate shall be provided with approved toilets and the contents from said toilets shall be discharged into a wastewater treatment system and such private system to be constructed in accordance with rules and regulations approved by the Department of Water and natural Resources of the State of South Dakota, and the applicable provisions of this ordinance.

1.0205 Notice to Install Approved Toilets

The owner or occupant of any residence or building within the District not provided with water flushed or approved toilets and such residence or building being a place in which human beings reside, are employed  or congregate, shall cause water flushed or approved toilets to be installed in said residence or building and connected to an approved wastewater treatment system or holding tank, in the event a public sewer is not accessible, and shall do so within ninety days after receipt of written notice from Lake Herman Sanitary District to provide sanitary approved toilets connected to an approved wastewater system.

1.0206 Duty Imposed upon Owners of Property

It is hereby made the specific obligation and duty of the owner of any premises within the limits of the District where human beings reside, are employed or congregate, to provide approved toilets and a method of wastewater treatment to comply with the terms of this Ordinance.

1.0207 Certain Acts, Deeds and Conduct Deemed Illegal

The following acts, deeds and conduct are hereby deemed illegal and unlawful:

1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the District any human or animal excrement, garbage, rubbish or refuse.
2. It shall be unlawful to discharge into Lake Herman Sanitary District, or into any water course, any wastewater or other polluted waters.
3. Except as provided in this Ordinance, it shall be unlawful for any person to construct or maintain any privy, vault privy, septic tank, or other facility intended to be used for the treatment of wastewater within the District.

1.0208 Validity Clause

The invalidity of any section, subsection, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invlaid part or parts.

1.0301 When Authorized

Each building sewer shall be connected to a wastewater treatment system complying with the provisions of this chapter and South Dakota's "Individual and Small On-Site Wastewater Systems" Regulations, as currently amended.

1.0302 Permit Requirement

A written permit is required from the District before commencing the construction of a wastewater treatment system and subject to the following provisions:

1. The permit for construction of a wastewater treatment system is hereby designated as a "Class A Sewer Permit".
2. Before commencing the construction of a wastewater treatment system, the owner or his agent shall first obtain a written permit, issued pursuant to application on the proper form as elsewhere provided for in this Ordinance, signed by the District; and,
3. A permit and inspection fee of $50.00 shall be paid to the District at the same time such application is filed with the District and before any such application may be acted upon or any permit issued therefore.
4. The issuance of the permit shall authorize the applicant to proceed with the construction of the system but does not authorize any connection with or to the building sewer until the installation of the wastewater treatment has been completed to the satisfaction of the District.
5. The District shall be allowed to inspect all phases of the work at any stage of construction and, in any event, the applicant for the permit shall notify the District when the work is ready for final inspection and before any underground portions are covered. The inspection by the District shall be made within twenty-four hours after receipt of the notice by him and shall include an inspection of the underground portions, septic tank or tanks, distribution box, absorption field, and all other parts and phase of the system.
6. No permit shall be issued for any wastewater treatment system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. The requirements of this section do not apply where wastewater is emptied into a holding tank as approved by the District.

Notes:

• As originally passed, 1.0302.03 set the permit fee at $10.00. The Board subsequently amended 1.0302.03 to raise the fee to $50.00.

1.0303 Requirements of a Disposal System

The following provisions for the location, construction, installation and materials of a wastewater treatment system shall be applicable:

1. The type, capacities, location and layout of a wastewater treatment system shall comply with all the rules and regulations as currently approved by the Department of Environment and Natural Resources of the State of South Dakota, and the applicable provisions of this Ordinance.
2. The size, slope, alignment, materials for construction of the wastewater treatment system, the methods to be used in excavating, the placing of the pope and the joining and testing and the size thereof, and the backfilling of the trenches, shall all conform to the provisions and procedures set forth in this Ordinance.

1.0304 Separate System for Each Building: Exception

A separate and independent wastewater system shall be provided for every building, provided, however, that where a building stands at the rear of another or an an interior lot and is so located that no wasterwater treatment system used for the front building may be extended to the rear building and the whole may be considered as one wastewater system. If such combined system is to be constructed, plans and specifications must be approved by the District.

1.0305 Excavation Safeguards

All excavations for any wastewater treatment system installation shall be adequately guarded with barricades and lights so as to protect the public from any hazards thereof; and, any streets, sidewalks, parkways, or other public property, disturbed in the course of work shall be restored in a manner satisfactory to the public authority having the supervision and control thereof.

1.0306 Maintained in a Sanitary Manner

The owner of each wastewater treatment system shall operate and maintain the system and its facilities in a sanitary manner at all times and at no expense to the District.

1.0307 Costs and Expenses of Installation and Maintenance

All costs and expenses incident or necessary to and for the installation and maintenance and repair of wastewater treatment systems shall be borne by the owner; and, the owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by such installation, maintenance or repair of such wastewater treatment system.

1.0308 Certifications of installers

No person or firm shall engage in the business of installation or repair of wastewater treatment systems without first obtaining a certificate to conduct such activities from the Department of Environment and Natural Resources.

1.0401: Appointment of a Superintendent

The Board may appoint and deisgnate a person to act as and be known as the "Sanitary Superintendent" of the District, upon such qualifications, for such time and salary as the board may determine from time to time; and, provided further, such person may be a member of the Board.

1.0402: Appointment of Inspectors

The Board may appoint and hire such number of Inspectors and upon such qualifications, term and pay that may be directed by the Board.

1.0403 Powers and Duties

The Superintendent and his Inspectors shall have the powers and perform the duties as follows:

1. To perform all of the acts and duties necessarily required to be performed or done by them as required by a provision of this Ordinance.
2. The Superintendent and inspectors, bearing proper credentials and identification, and giving notification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, and testing in accordance with the provisions of this ordinance.

1.0501: Class of Application and Permit

The District does hereby provide for the following class of application and permit:

1. An application and permit for the installation and connection of a wastewater treatment system and to be designated as a "Class A Sewer Application and Permit".

1.0502 Class A Sewer Permit Application and Form

The following is the suggested form and content, but not limited to the same, for a Class A Sewer Application and Permit:

The undersigned, being the ________ (owner) ____________ (owner's agent) or the property located at _________________does hereby request a permit to install a wastewater treatment system and facilities to serve a ________ (residential building) ___________ (commercial building) at said location and do hereby furnish the following information in reference to the same:

1. The proposed system and facilities will include the following: ____________________________________________, and to be constructed in complete accordance with the plans and specifications hereunto attached as Exhibit “A”.
2. The area of the property lot to be served and on which the building is located is _____ square feet.
3. The name and address of the person or firm who will perform the work is ____________.
4. The maximum number of persons to be ordinarily served by the proposed system and facility is _______.
5. The locations and nature of all sources of private or public water supply within one hundred fifty (150) feet of any boundary line of said property are as shown on the plat hereunto attached as Exhibit “B”.

In consideration of the granting of this Permit, the undersigned does hereby further agree as follows:

1. To furnish any additional information relating to the proposed work that shall be requested by the District.
2. To accept and abide by all applicable provisions of the Ordinance on SEWER AND WASTEWATER TREATMENT of Lake Herman Sanitary District of Lake County, South Dakota, and all other pertinent and applicable rules, regulations, and specifications.
3. To operate and maintain the wastewater treatment facilities covered by this application in a sanitary manner at all times and at no expense to the District.\
4. To notify the District not less than twenty-four (24) hours prior to commencement of the work proposed; and, again to notify the Superintendent when the system is ready for final inspection before connection with any building sewer and before any portion of the work is covered.

Dated this ______ day of __________________, 20_____.

____________________________________
(owner)                      (owner's agent)             

Address of applicant is:                                  

_____________________________________
_____________________________________

 
Fee of $_____ paid _____________________.

Application approved and permit hereby granted on this _____ day of __________________, 20____.

______________________________
LAKE HERMAN SANITARY DISTRICT   
 
 

1.0601 Authority

The Board of Trustees of Lake Herman Sanitary District may from time to time adopt by Resolution such reasonable rules and regulations as deemed necessary and not inconsistent with any of the provisions of thie Ordinance for the administration and enforcement of the provisions of this Ordinance relating to SEWER AND WASTEWATER TREATMENT.

1.0602 Procedure

The procedure by Resolution, as hereinabove provided for, shall be that as set forth by the laws of the State of South Dakota relating to municipalities.

1.0701 Procedure

Any person found to be violating any provisions of this Ordinance shall be served by the District with written notice stating the nature of the violation and provided a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease such violation or violations.

1.0702 Punishment

Any person who shall continue any violation beyond the time limit provided for in 1.0701 above, shall be guilty of a Class II Misdemeanor. Each day in which such violation continues shall be deemed a separate offense.

1.0703 Civil Redress

Any person violating any of the provisions of this Ordinance shall be subject to any civil redress or remedy that might be available to the District under applicable laws of the State of South Dakota.