(A)   All water and wastewater systems shall conform with SDCL Ch. 34A and administrative rules promulgated thereunder.

   (B)   All wastewater systems shall be designed by a state licensed engineer as per state law (SDCL) and administrative rules (ARSD) pertaining to the same. All wastewater systems shall be installed by state licensed installers and their work shall be inspected by the designing engineer to ensure the system was built substantially in the same manner as it was designed. The engineer shall then submit a post installation report.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.1; Ord. 22-04, passed 4-11-2023)

   (A)   No person may install, construct, modify, extend, repair, replace, relocate, or operate a wastewater treatment system for the treatment or disposal of human excreta which does not meet the requirements of SDCL Ch. 34A and administrative rules promulgated thereunder.

   (B)   Due to the unique circumstances of a holding tank, it shall be used as a waste disposal system of last resort.

   (C)   On-site wastewater systems shall be located on the property with the premises that is generating the wastewater, unless there is an easement to locate it on adjacent property.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.2; Ord. 22-04, passed 4-11-2023; Ord. 24-02, passed 5-14-2024)

   Public wastewater systems shall meet standards and specifications required by state law, as may be administered by the Secretary of the Department of Agriculture and Natural Resources (DANR). No person may construct, install, or operate an on-site wastewater system where a public wastewater system is available. In the event a public wastewater system becomes available in an area previously served by individual on-site wastewater systems, an amortization schedule should be determined to bring all affected properties into compliance, and the property owner shall be required to remove or reclaim the old system and hook into the public wastewater system (ARSD 74:53:01:07, SDCL §§ 9-54-10 and 9-48).

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.3; Ord. 22-04, passed 4-11-2023)

   (A)   Plans and specifications for all installations which receive human excreta, other than a conventional individual on-site wastewater system, must be submitted to the DANR for review and approval prior to construction. Installation and operation of such systems shall be in accordance with approved plans and specifications. Plans and specifications must be prepared by a state licensed engineer, and must be installed by a state licensed installer. The seal of registration must be on all plans and specifications.

      (1)   Individual on-site wastewater systems shall be designed in accordance with the provisions of ARSD 74:53:01.

      (2)   For residential dwellings, the anticipated maximum daily flow shall be calculated at 75 gallons per person per day (minimum of three and one-half persons) or 120 gallons per bedroom per day, whichever is greater.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.4; Ord. 22-04, passed 4-11-2023; Ord. 24-02, passed 5-14-2024)

   State rules and zoning shall dictate the lot size requirement for septic systems. All small on-site wastewater systems shall be on a minimum lot size of two acres, unless served by a central wastewater system or located on a preexisting lot of record, then it shall meet all state requirements.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.5)

   No installer may engage in the business of the installation of individual or small on-site wastewater systems without first obtaining a certificate to conduct such activities pursuant to state law. All individual or small on-site wastewater system installations shall be performed in accordance with the provisions of ARSD 74:53:01.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.6)

   All wastewater systems shall be designed by a state licensed engineer as per state law (SDCL) and administrative rules (ARSD) pertaining to the same. All wastewater systems shall be installed by state licensed installers and their work shall be inspected by the designing engineer to ensure the system was built substantially in the same manner as it was designed. The engineer shall then submit a post-installation report. Inspection of the installation, equipment, and operation of an on-site wastewater system may be made at any time by authorized representatives of the state or the county. The Planning Commission is authorized to oversee individual on-site wastewater systems in the interest of public health and welfare and may require additional percolation or other tests in order to determine the feasibility of on-site wastewater systems.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.7; Ord. 22-04, passed 4-11-2023)

   (A)   A septic permit shall be required prior to the installation or modification of any wastewater treatment system. The term modification shall include any repair that requires the relocation or replacement of any drainfield or septic tank.

   (B)   The applicant shall:

      (1)   Contact a professional engineer and provide the following information: name; address; phone; contractor; general location of the property; legal description; number of bedrooms; maximum occupancy; garbage disposal; water softener; and any additional information requested by the engineer. For a commercial facility, the applicant shall provide the following information to the engineer: name; address; phone; contractor; general location of the property; legal description; type of facility; maximum number of employees; maximum capacity; number of hand washing sinks; toilets; urinals; showers and baths; washing machines; cafeterias; kitchens; service bays; and any additional information as requested by the engineer;

      (2)   Hire a state certified installer to install or modify the system;

      (3)   The engineer, installer, property owner, and/or the builder shall do an on-site evaluation to determine the best location for the septic tank and the drain field;

      (4)   Percolation tests in the proposed drain field area shall be done under the supervision of either the engineer or a state certified installer approved by the engineer. The engineer should require a soil profile;

      (5)   After the engineer has evaluated the percolation test data and/or soil profile, the engineer shall design the septic system. The installer shall install the system per the engineer’s design and specifications. For a commercial facility or where a septic system is serving more than one residence, the engineer’s design shall be provided to DENR for a review and approval;

      (6)   A building permit for a residential dwelling or a commercial facility requiring a wastewater treatment system shall not be issued until a professional engineer has designed the system; and

      (7)   When the installation of the system is complete, the installer shall contact the engineer no less than 12 hours in advance for inspection of the system. The system shall not be covered until the inspection is complete.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.8; Ord. 24-02, passed 5-14-2024)

   The engineer shall supervise or perform an on-site inspection of the system to ensure the system was built substantially in the same manner as it was designed. A written report and photographs from the engineer inspecting the system shall be provided to the administrative official for inclusion in the applicant’s building permit file and for closure of the sewage permit file. There should also be an exhibit with location ties from prominent landmarks (structure, mature trees, property corners, and the like) to the center of the tank and corner of the drain field. The septic system post installation report shall be due in the office of Planning and Zoning no later than 30 days after the engineer inspects the system. A certificate of occupancy will not be issued until such time as these items have been provided. It is the responsibility of the landowner to make sure all contractors, installers and engineers are following procedure.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.9; Ord. 22-04, passed 4-11-2023)

   The administrative official may require, at landowner expense, subsequent inspection at any time of any wastewater treatment system to assure adequate and functional capacity and design. In the event such inspection reveals inadequate capacity, design, or functioning, a state registered professional engineer may examine, at landowner expense, the results of the inspection data including pumping and video information, and recommend modifications sufficient to meet minimum requirements of state law. Failure to correct such deficiencies will result in sanctions provided by law.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.10)

   When populated areas in the unincorporated county shall be so situated that sewage becomes, or may become, a menace to the residents of the area or to the residents of any municipality, the same may be incorporated as a sanitary district under SDCL Ch. 34A-5. If satisfied that the requirements have been fully complied with, the Board shall declare, with the assent of the electors pursuant to SDCL Ch. 6-16, an incorporated sanitary district. The Board shall consider impediments to annexation with any municipality. The sanitary district may construct and operate storm and sanitary sewers and sewage disposal plants as permitted by law. The district shall have the power to enter into contracts with any municipality for the purpose of using the facilities of said municipality for the treatment and disposal of sewage of the district or making such facilities of the district available to a municipality. The sanitary district may require by ordinance or resolution that all dwellings or structures within a district defined area be connected with the sewers of the district, among other requirements as provided in SDCL 34A-5. The district shall have exclusive jurisdiction to establish by ordinance or resolution standards for construction and inspection of private sewer systems within its boundaries in conformity with state and county laws and regulations. A municipality or a sanitary district may also form a consolidated sanitary district.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.11)

   Due to the alluvial gravels adjacent to the Belle Fourche Water Infiltration Gallery, no building permits for structures intended for human habitat in utilizing sewer systems which discharge effluent above or below ground surface or utilizing holding tanks shall be issued for property located in the S1/2 N1/2 and S1/2 of Section 28 and Section 33, all lying north of Interstate 90, T7N, R2E, B.H.M., Lawrence County, South Dakota.

(Ord. 14-01, passed 6-6-2014, Ch. 9, § 1.12)