Huntsville Code of Ordinances § 21-1 System standards.
Sec. 21-1. - System standards.
(a) No sewage collection, treatment and disposal system shall be permitted within the city unless the system shall be:
(1) Connected to the public sewer system of the city; or
(2) Permitted according to the terms and procedures set forth in this section.
This section specifically excludes septic tanks installed according to state health department standards and permits.
(b) As used in this section, the following words and terms shall have the following meanings:
Developer means any person, individual, corporation, firm, company or other legal entity. The term "developer" may be used synonymously with the term "person."
Private package wastewater treatment plant (PWTP) means any system, excluding septic tanks, for collecting, piping, conveying, storing, treating or disposing of sewage where the system is not connected to a public sewer system, together with all appurtenances. The term "PWTP" includes all mains, laterals, disposal and treatment plants and all property used in connection with the system.
Sewage means the human, animal or vegetable waste from residences, buildings, institutions, food service and industrial establishments, and other facilities.
Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.
(c) The engineering division is authorized and directed to develop standards and criteria for the design and construction of PWTPs covered under this section, and to promulgate and enforce the standards and criteria as set forth in this section, all as the public health, safety and general welfare shall require.
(d) Before the construction or operation of a PWTP for the disposition of sewage, the developer of the PWTP shall obtain a permit from the engineering division as follows:
(1) a.
The developer shall submit a preliminary site application to the director and obtain a certificate of preliminary site approval before any further application shall be accepted.
b. The preliminary site application must show the wastewater treatment facility in relation to other elements of the PWTP. Sufficient topographical features must also be included to indicate the PWTP's location with relation to streams, existing and proposed wells, and the effluent disposal system.
c. The preliminary site approval shall be granted only if:
1. No public sewer system of the city is available;
2. The design and capacity of the proposed private sewer treatment facility is compatible with any master sewer plan adopted for the proposed site by the appropriate public authority; and
3. The developer has been previously granted an NPDES discharge permit by the state department of environmental management.
(2) After receipt of a certificate of preliminary site approval, the developer shall submit to the engineering division an application for a package wastewater treatment plant, on the form provided by the engineering division. The engineering division shall review the application, the plans and specifications submitted with the application, and any other pertinent information brought to his attention affecting the proposed PWTP and determine whether the proposed system meets the design and construction criteria for PWTPs adopted and promulgated by the engineering division.
(3) If the proposed system meets the design and construction criteria, then prior to construction and final approval by the engineering division, the developer and the city shall enter into a private wastewater treatment plant (PWTP) agreement, which agreement shall contain the following provisions:
For PWTPs located within the corporate limits of the city or serving property located within the corporate limits of the city.
a. The developer will agree to pay for the costs of construction and to construct the PWTP in accordance with the approved plans and the standards and criteria promulgated by the engineering division.
b. Upon completion of the construction of the PWTP, the developer shall dedicate and transfer full title and ownership of the PWTP to the city, free and clear of liens, without cost to the city.
c. The city shall assume ownership, operation and maintenance of the PWTP only after the final consummation of the transaction set forth in subsection (d)(3)b of this section.
d. The city shall assess and collect any sewer fees assessed for users of the PWTP.
e. The city shall control all connections to the PWTP after its acquisition by the city provided in this section.
(e) As a part of its approval of any PWTP, the engineering division may require the proposed PWTP to be constructed with a capacity in excess of that capacity required to serve the developer's project. In such event, the city and the developer will agree that the city will share with the developer the expense of the construction, maintenance and operation of the PWTP on a pro rata share basis.
(f) The engineering division shall cause to be conducted regular and periodic inspections of the proposed PWTP system during its construction. The developer shall construct and install the PWTP according to all plans, specifications and regulations promulgated by the department.
(g) Upon completion of construction of the PWTP according to engineering division standards and criteria, the engineering division shall issue a final approval of the PWTP. The PWTP will then be dedicated to the city.
(h) The developer shall, at the time of the transfer of ownership of any PWTP to the city, dedicate to the city such easements for egress and ingress as are necessary for the maintenance and operation of the PWTP.
(Ord. No. 87-354, §§ I—VIII, 8-27-1987)