A public sanitary sewer system is essential to the health, safety,
and welfare of the people of the City. Privies, privy vaults, septic
tanks, cesspools or other similar private sewage disposal systems
are subject to failure due to soil conditions or other reasons. Failure
or potential failure of private sewage disposal systems poses a threat
to the public health, safety, and welfare; presents a potential for
ill health, transmission of disease, mortality, and economic blight;
and constitutes a threat to the quality of surface and subsurface
waters of the state. The connection to available public sanitary sewer
systems at the earliest, reasonable date is a matter for the protection
of the public health, safety, and welfare and necessary in the public
interest which is declared as a matter of legislative determination.
It shall be unlawful for any person to place, deposit or permit
to be deposited, any human or animal excrement, garbage, trash, pollutants,
or other objectionable waste, upon or below, the surface of public
or private property within the jurisdiction of the City, except by
disposing of such waste in accordance with applicable local, state,
and federal laws and regulations. This section shall not apply to
the making or use of compost or fertilizer by a person on the person's
property if done in compliance with all laws, ordinances, and regulations
as part of a lawful business or domestic agricultural activity which
poses no substantial threat to public health, safety, or welfare and
is not a common-law nuisance.
Except as hereinafter provided, and unless specifically approved
by the County Health Department, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
private facility intended or used for disposal of wastewater within
the City.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in §
28-02.04, a direct connection shall be made to the public sewer in compliance with this chapter at the owner's sole expense. It shall be the owner's responsibility to contact the County Health Department for the proper regulations and procedures to clean out, abandon, and fill the private system, and the owner shall thereupon follow such regulations and procedures at the owner's sole expense. Once a premises that was previously served by a private sewage disposal system has been connected to the POTW, disconnection thereafter from the POTW is prohibited.
If a public sanitary sewer is not available under the provisions of §
28-02.03, the building sewer shall be connected to a private sewage disposal system complying with all requirements of this section, the County Health Department regulations, and any other applicable laws and regulations of the City or the state.
A. Before commencement of a private sewage disposal system, the property
owner shall first apply to the County Health Department for a soil
evaluation test. If the soil evaluation test shows positive results,
the property owner shall then apply to the County Health Department
for a permit for installation for the proposed sewage system. The
application shall include plans, specifications and other information
as deemed necessary by the County Health Department. All fees for
the soil evaluation test and the permit for installation shall be
fully paid by the property owner to the County Health Department when
and in the amounts specified by the County Health Department.
B. A permit shall not be issued for any private wastewater disposal
system employing subsurface soil absorption facilities if the area
of the lot is less than determined necessary by the City, the County
Health Department, or the state, as applicable.
C. A permit for a private sewage disposal system shall not become final
and effective until the installation is completed to the satisfaction
of the County Health Department. The County Health Department shall
be allowed to inspect the work at any stage of construction and, in
any event, the applicant for the permit shall notify the County Health
Department when the work is ready for final inspection, and before
covering any underground portions. Any person receiving a permit for
a private sewage disposal system from the County Health Department
shall provide the City with copies of the final approved inspection
report issued by the County Health Department.
D. The type, capacities, location and layout of a private wastewater
disposal system shall comply with all recommendations and requirements
of the City, the County Health Department, and the state, as applicable.
E. No septic tank, cesspool, subsurface disposal facility, or other
private sanitary sewer system shall be permitted to discharge to any
public sewer or natural outlet.
F. The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
City. The facilities shall be subject to inspection by the City, the
County Health Department, and other applicable governmental agencies.
Nothing in this article shall be construed to interfere with
any additional requirements that may be imposed by the City, the County
Health Department, the Michigan Department of Public Health, or any
other governmental agency.