§ 13.04.090. Evaluations required.

A.

Evaluations of the Observed Performance of On-Site Wastewater Treatment and Disposal Systems at Time of Real Property Sale.

1.

It shall be unlawful for any person to transfer title to another person of any parcel of land in the town upon which a septic tank and disposal drainfield, also known as an on-site wastewater treatment and disposal system, have been constructed and operating without first providing evidence to the town that the septic tank and drainfield are in substantial compliance with the operational provisions of this code.

2.

As used in this section, evidence of substantial compliance shall be based on an on-site wastewater treatment and disposal system evaluation performed by a qualified person possessing the authority as confirmed by Chapter 5.14 of this code within twelve (12) months prior to the transfer of title.

3.

The town shall issue a clearance to record the appropriate deed within five working days following notification by the title company processing the change of ownership title, or other competent authority, that any of the following have been completed:

a.

The on-site wastewater system serving the subject parcel has been evaluated in accordance with this code and the on-site wastewater treatment and disposal system has no observed operational deficiencies as determined by the on-site sanitary official;

b.

The on-site wastewater treatment and disposal system serving the subject parcel has been evaluated in accordance with the provisions of this code and the observed operating deficiencies of the system have been corrected as directed by the on-site sanitary official so that the system is operational;

c.

The on-site wastewater system serving the subject parcel has been evaluated in accordance with the provisions of this code and sufficient moneys are on deposit in the escrow account held by the title company to fully fund the correction of the operating deficiencies as directed by the on-site sanitary official.

4.

It shall be unlawful for any person to request the county recorder to accept for recording a deed to a property without the accompanying clearance to record as required by this section.

B.

Periodic Evaluations of On-Site Wastewater Systems.

1.

a. It shall be unlawful for any person to fail to have his, her or its septic system evaluated in accordance with this section. Beginning on May 18, 1992, each on-site wastewater treatment and disposal system within town limits shall be periodically evaluated as determined by the town. Standard systems meeting certain criteria shall have a time interval between evaluations of twelve years, seven years, or two years as described in this section. A standard system is defined in Section 4.1 of the Town of Paradise Manual for the On-site Treatment of Wastewater as follows: "A standard absorption system is an on-site wastewater disposal system for a single family dwelling consisting of a septic tank, a flow distribution unit and a gravity-fed absorption field constructed in accordance with the guidelines outlined in this manual.

1.

Twelve Year Interval. To receive a twelve-year evaluation interval and operation permit, the property and on-site system must meet the following criteria:

i.

The property must be owner-occupied (not a rental property).

ii.

The property is a single-family residence and not a commercial property.

iii.

The on-site system must not be within the area boundary identified as TW-MA, 0-30 (high ground water) on the Town of Paradise Wert Soil Map.

iv.

Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

v.

The on-site system must receive a hydraulic load test rating that is run, as part of the on-site system evaluation, of satisfactory, good or excellent.

2.

Seven Year Interval. To receive a seven year evaluation interval and operation permit, the property and on-site system must meet the following criteria:

i.

Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

ii.

The on-site system must receive a hydraulic load test rating that is run, as part of the on-site system evaluation, of satisfactory, good or excellent.

3.

Two Year Interval. A two year evaluation interval and operation permit will be issued to onsite systems that fall under the following criteria:

i.

An on-site system that receives a hydraulic load test rating that is run, as part of the on-site system evaluation, of marginal or poor.

ii.

Any deficiencies identified in the evaluator report upon completion of an on-site system evaluation must be corrected prior to issuance of a permit.

4.

The town shall send notices by regular mail to the property owners specifying the due date by which their on-site wastewater treatment and disposal system shall be evaluated.

b.

Alternative and Large System Evaluations. It shall be unlawful for any person to fail to comply with the requirements of this section. Each alternative or large on-site wastewater treatment and disposal system within the town limits shall be periodically evaluated as determined by the town. The time interval between evaluations for each system shall be established by the town based on its approximated volume of wastewater processed and the town's most current septic system evaluation report(s) concerning the observed performance of the on-site wastewater treatment and disposal system. The town shall, from time to time, send notices by regular mail to the property owners specifying the due date by which their on-site wastewater treatment and disposal system shall be evaluated.

c.

Pretreatment Systems with Monitoring Programs. It shall be unlawful for any person to fail to comply with the requirements of this section. Pretreatment systems with assigned monitoring programs per subsection 1.4.A. of the Town of Paradise Manual for the On-site Treatment of Wastewater, as revised January 1, 2000, shall be evaluated per the schedule outlined in subsection 1.4.D of the On-site Manual.

2.

The on-site wastewater treatment and disposal system evaluation shall be accomplished by a qualified person possessing the authority as confirmed by Chapter 5.14 of this code.

3.

The town shall issue an operating permit renewal as provided in this chapter upon notification by the evaluator that the system serving the subject property is in compliance with this chapter and has no observed operating deficiencies.

4.

The operating permit renewal shall not be issued until all operating deficiencies of the on-site wastewater treatment and disposal system have been corrected as directed by the on-site sanitary official.

C.

Evaluation of the Observed Operating Performance of On-Site Wastewater Treatment and Disposal Systems at the Time of Building Permit Application Submittal.

1.

No person shall obtain town approval of a building permit application requiring a plan check for any property in the town upon which a septic tank and disposal drainfield, also known as an on-site wastewater treatment and disposal system, has been constructed and/or is operating without first providing a septic system evaluation report to the town. Such septic system evaluation report shall be completed by a town-licensed evaluator. The septic system evaluation report shall provide evidence that the observed operational performance of the on-site wastewater treatment and disposal system is in substantial compliance with town regulations including Section 13.04.230.

2.

As used in this section, evidence of substantial compliance shall be a current on-site wastewater treatment and disposal system evaluation performed by a qualified person possessing such authority as confirmed by Chapter 5.14 of this code. Evidence of a current on-site wastewater treatment and disposal system evaluation shall be a current operating permit.

3.

The town shall grant on-site sanitation approval for a building permit when any of the following have been completed:

a.

The on-site wastewater system serving the subject property has been evaluated in accordance with the provisions of this code and the on-site wastewater treatment and disposal system has no observed operational deficiencies;

b.

The on-site wastewater treatment and disposal system serving the subject property has been evaluated in accordance with the provisions of this code and the observed operating deficiencies have been corrected as directed by the town on-site sanitary official and the system is operational;

c.

The on-site wastewater treatment and disposal system serving the subject property has been evaluated in accordance with the provisions of this code and the observed operating deficiencies are to be corrected in accordance with a repair or alteration construction permit issued by the on-site sanitary official.

(Ord. No. 466, § 1, 7-24-2007; Ord. 343 §§ 2, 3, 2000; Ord. 254 § 2, 1995: Ord. 220 § 1, 1993)