Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 10 - Sanitation › Section 902 KAR 10:110 - Issuance of on-site sewage disposal system permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.357,
				211.360,
				211.370,
				211.375,
				211.380,
				211.970,
				211.976,
				211.990(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.350 provides that no person, firm, or
				corporation shall construct, install, alter or cause to be constructed,
				installed, or altered any on-site sewage disposal system subject to
				administrative regulation by the cabinet without having first obtained an
				on-site sewage disposal permit from the local health department.
				KRS
				211.355 authorizes a local board of health to
				establish a schedule of fees reasonably related to the cost of administering
				programs including inspections incidental to construction, installation, and
				alteration of on-site sewage disposal systems, and inspections incidental to
				maintenance and operation of on-site sewage disposal systems. This
				administrative regulation establishes the requirements for issuance of
				permits.
Section 1. Definitions.
(1) "Alter" means to make a physical change
			 in the original design, sizing, layout, components, location, or method of
			 operation, either individually or in any combination of changes, of an existing
			 on-site sewage disposal system, as a result of necessary repair or a change in
			 wasteload volume or wasteload characteristics.
(2) "Approved" is defined by
			 KRS
			 211.970(1).
(3) "Cabinet" is defined by
			 KRS
			 211.970(2).
(4) "Certified inspector" means an individual
			 certified under the provisions of
			 KRS
			 211.360.
(5) "Certified installer" means a specific
			 individual person who has met the requirements for certification contained in
			 KRS
			 211.357 and
			 902
			 KAR 10:140.
(6) "Component" means any device used in the
			 construction, installation or alteration of an on-site sewage disposal system
			 which forms an integral part of that system and has been approved for that
			 specific use by the cabinet.
(7)
			 "Construct" or "install" means the physical assembly of various necessary
			 components and materials into an on-site sewage disposal system and includes
			 all necessary design, site layout, excavation, backfilling, and additional site
			 fill work that may be required to produce a finished on-site system.
(8) "Homeowner" means a specific individual
			 person who actually occupies the single family residence where a proposed new
			 on-site sewage disposal system is intended to serve, or where an existing
			 system that is proposed to be altered serves, or who proposes to construct or
			 have constructed a single family residence for personal use and occupancy where
			 a proposed new on-site system is intended to serve. This term shall not include
			 any person who is a builder or contractor who engages in a business of
			 constructing or rehabilitating residential structures for sale or
			 resale.
(9) "On-site sewage
			 disposal system", "on-site sewage system", or " on-site system" means a system
			 installed on a parcel of land, under the control or ownership of a person, that
			 accepts sewage for treatment and ultimate disposal under the surface of the
			 ground, including:
(a) A conventional system
			 consisting of a sewage pretreatment unit, distribution devices, and lateral
			 piping within rock-filled trenches or beds;
(b) A modified system consisting of:
1. A conventional system enhanced by shallow
			 trench or bed placement;
2.
			 Artificial drainage systems;
3.
			 Dosing;
4. Alternating lateral
			 fields;
5. Fill soil over the
			 lateral field; or
6. Other
			 necessary modifications to the site, system, or wasteload to overcome site
			 limitations;
(c) An
			 alternative system consisting of:
1. A sewage
			 pretreatment unit;
2. Necessary
			 site modifications;
3. Wasteload
			 modifications; and
4. A subsurface
			 soil treatment and dispersal system using methods and technologies other than a
			 conventional or modified system to overcome site limitations;
(d) A cluster system;
			 and
(e) A holding tank that
			 provides limited pretreatment and storage for off-site disposal where site
			 limitations preclude immediate installation of a subsurface soil treatment and
			 dispersal system or connection to a municipal sewer.
(10) "Person" is defined by
			 KRS
			 211.970(6).