902 KAR 10:085.
Kentucky on-site sewage disposal systems.
RELATES TO: KRS
194A.050(2), 211.015, 211.350-211.380, 211.990(2)
KRS 194A.050(1), 211.090(3), 211.180(1)(d)
AND CONFORMITY: KRS 211.180(1)(d) requires the cabinet to regulate the
construction, installation, or alteration of any on-site sewage disposal
system, except for a system with a surface discharge, regulated by KRS
224.10-100(19). This administrative regulation establishes uniform standards
for on-site sewage disposal systems. The function of this administrative
regulation is to assure the construction, installation, or alteration of an
on-site sewage disposal system is performed in such a manner as to protect
public health and the environment.
Definitions. (1) "Alter"
means to make a physical change in the original design, sizing, layout,
components, location, or method of operation, individually or in combination,
of an existing on-site sewage disposal system, as a result of necessary repair
or change in wasteload volume or characteristics.
"Approved" means acceptable to the cabinet for the proposed use.
subject to flooding" damage means an area:
(a) Subject to
surface ponding of rainfall runoff one (1) or more times each year, for more
than seven (7) consecutive days;
(b) In a floodplain or drainageway with
visible evidence of stream scouring, pot-holing, gully or ravine formation; or
(c) Within a karst depression subject to
backwater flooding from a subsurface conduit.
drainage system" means:
(a) A manmade system
of surface ditching or berming to divert surface water run-off;
(b) A curtain or
vertical drain for interception and diversion of lateral groundwater flow; or
(c) Underdrain for
lowering the level of a high water table.
"Blackwater" means wastewater containing liquid and solid waste
generated through use of a urinal, water closet, garbage disposal, or a similar
sanitary fixture used in a residential, commercial, institutional, or recreational
"BOD-5" means five (5) day biochemical oxygen demand.
"Cabinet" is defined at KRS 211.015(1)(a).
inspector" means an individual certified under the provisions of KRS
installer" means an individual certified under the provisions of KRS
"Clay" means a mineral soil separate consisting of particles less
than 0.002 mm in equivalent diameter.
system" means a system designed to:
(a) Accept effluent from more than one
(1) structure's or facility's sewage pretreatment unit;
(b) Transport the collected effluent
through a sewer system to one (1) or more common subsurface soil treatment and
dispersal system of conventional, modified, or alternative design.
means the liquid discharge of a septic tank or other sewage pretreatment unit.
means fats, oils, and grease.
"Gravelless pipe" means large diameter perforated piping encased in a
synthetic filter material, designed for use in a lateral field trench without
trench rock or gravel fill material.
"Grease" is defined at KRS 211.970(3).
trap" is defined at KRS 211.970(4).
"Greywater" means wastewater generated by hygiene activities in a
residential, commercial, institutional, or recreational facility, excluding
(18) "Karst" means
a type of topography formed over limestone, dolomite, or other soluble rock, by
dissolving or solution, and characterized by sinkholes, caves, and underground
drainage. Groundwater flow in karst occurs principally in conduits and is turbulent.
position" means the location of an area on a site being evaluated for the
proposed installation of an on-site sewage disposal system, relative to the
surrounding topographic relief of the land surface. Landscape positions are
defined as follows:
(a) Hill or ridge
top: the relatively level area occupying the summit of a hill or ridge.
(b) Shoulder slope:
the transitional area immediately adjacent to the hill or ridge top where the
slope begins to increase downward.
(c) Side slope: the
slightly to steeply sloping portion of a hillside lying between the shoulder
and foot slopes.
(d) Foot slope: the
slightly to steeply sloping portion of a hillside near the base or lowest point
(e) Toe slope: the
lowest point of elevation at the base of a hillside; generally concave in
natural: a naturally occurring elevated shelf of level to slightly sloping
character adjacent to current or former streams and drainageways.
artificial: a manmade elevated shelf or bench created by excavating into a
slope, or placing fill, along the contour.
(h) Flood plain:
level to slightly sloping areas adjacent to streams or other bodies of water
subject to flooding for extended periods, or other flood-prone areas such as
sinkholes or other surface depressions.
sinkholes or other areas with a concave or cupped cross-sectional profile and
lacking surface drainage outlets.
(j) Drainageway: an
area in the landscape with slight to steeply sloping sides which causes
accumulation of surface and groundwater and channels it to surface or
subsurface drainage outlets.
(k) Convex slope: a
sloping area with a humped or upwardly bowed cross-sectional profile which
promotes dispersal of surface and groundwater.
(l) Concave slope: a
sloping area with a cupped or downwardly bowed cross-sectional profile which
causes accumulation of surface and groundwater.
field" means that
portion of an on-site sewage treatment and dispersal system which consists of
subsurface trenches or beds containing materials, components, or devices for
maintaining exposed soil surfaces and a means to distribute effluent to those
(21) "Low pressure
pipe system" or "LPP system" means an on-site sewage disposal
system consisting of a sewage pretreatment unit, a dosing tank with pump or
siphon, a pressurized supply line, manifold, lateral field, and necessary
control devices and appurtenances.
chamber" means a specially designed component for use in lateral fields
which forms an open bottomed chamber or conduit over the soil absorption
"Mottling" means spots or blotches of different colors or hues
interspersed with the dominant color of a soil, created by three (3) basic processes:
(a) Groundwater saturation of the soil
for varying periods of time, causing reducing conditions to occur which
chemically bleach or fade soil colorants, evidenced by soft concretions or soil
color of chroma two (2) or less by Munsell notation;
(b) Parent material weathering, evidenced
by relic fragments of more durable parent material encapsulated within a mottle
of weathering mineral material;
(c) Mechanical disturbance of soils by
cutting, filling, compaction, landslide, or other means, evidenced in
commingling of soil types and destruction of original internal drainage pathways.
piping" means a system composed of a supported, vertically-oriented tee
connected to a nonperforated gravity flow plastic pipe that conducts overflow
to distribution boxes of the lateral field.
"On-site sewage disposal system" or "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, which 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 a conventional system enhanced by shallow trench or bed
placement, artificial drainage systems, dosing, alternating lateral fields,
fill soil over the lateral field, or other necessary modifications to the site,
system or wasteload to overcome site limitations;
(c) An alternative
system consisting of a sewage pretreatment unit, necessary site modifications,
wasteload modifications, and a subsurface soil treatment and dispersal system
using other methods and technologies than a conventional or modified system to
overcome site limitations;
(d) A cluster
(e) A holding tank
which 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.
material" means weathering fragments of bedrock underlying a soil,
colluvial or alluvial deposits, loess deposits, or glacial tills from which the
soil is being formed.
water table" means a saturated zone as identified by free water, or soft
concretions, or soil color of chroma 2 or less, overlying an impermeable
horizon and generally above the permanent water table.
water table" means the zone of soil and parent material saturation by
groundwater which remains relatively constant unless acted upon by artificial
means of drainage or severe weather conditions. This zone is evidenced by free
water or soil colors of black (due to high organic content), grays, blues, or
test" means a scientific procedure using lysimeters and other
instrumentation to determine the saturated hydraulic conductivity of site
specific soil horizons.
"Person" is defined at KRS 211.972(6).
limit" means the moisture content at which a soil changes from a semisolid
(32) "Professional engineer"
means an engineer licensed under the provisions of KRS Chapter 322.
(33) "Puddling" means the
creation of a thin restrictive horizon atop and within an exposed soil surface
by deposition of waterborne silt or clay-sized soil particles.
area" means an area, either in its natural state or which is capable of
being modified, consistent with this administrative regulation, which is
reserved for the installation of an additional lateral field and is not covered
with permanent structures or impervious materials.
(35) "Residential septic
tank effluent" means the liquid discharge having the constituency and
strength typical of liquid discharges from a domestic household septic tank
pretreatment unit. Effluent from a residential septic tank is generally
considered to have waste strength values equal to or less than the following
monthly averages: twenty (20) mg/l of FOG, 250 mg/l of BOD-5, and 155 mg/l of
TSS monthly average is equal to the sum of measurements taken over thirty (30)
consecutive days, with at least six (6) measurements occurring on six (6)
separate days, divided by the number of measurements taken during the thirty
(30) day period.
"Restrictive horizon" means a soil horizon relatively impervious
to the movement of groundwater or effluent, and includes:
(a) Mineralogically-cemented soil
aggregates such as fragipans or iron pans; or
(b) Naturally-formed structureless soils
(massive structural grade); or
(c) Naturally-formed horizontally
structured soil (platy structure); or
(d) Claypan, a compact, slowly permeable
layer in the subsoil having a much higher clay content than the overlying
material, from which it is separated by a sharply-defined boundary. Clay pans
are usually hard when dry, and plastic and sticky when wet; or
(e) Structurally-destroyed soils where
mechanical compression forces the plastic limit of the soil to be exceeded,
such as traffic pans, plow plans, and compacted fill.
"Rock" means the consolidated or partially consolidated mineral
matter or aggregate, including weathered rock not exhibiting soil properties,
and exposed at the surface or overlain by soil.
"Sand" means a mineral soil separate consisting of particles between
two (2) and 0.05 mm in diameter.
high water table" means the upper level of a zone of soil and parent
material saturation over restrictive horizons or the permanent water table,
which may vary with weather conditions.
compaction" means permanent damage to, or destruction of, natural soil
structural features by mechanical compression or puddling, which restricts or
prevents natural air and water movement through the soil.
(41) "System replacement area"
means a parcel of land, under the control of an on-site system owner, reserved
for system alteration, expansion, or replacement.
is defined at KRS 211.015(1)(c).
"Sewage" means blackwater and greywater wastes generated in a
residential, commercial, institutional, or recreational facility.
pretreatment unit" is defined at KRS 211.970(9).
"Silt" means a mineral soil separate consisting of particles between
0.05 mm and 0.002 mm in diameter.
means a naturally-occurring depression in soil or bedrock formed in a karst
area by the removal of earth material from below the land surface,
circumscribed by a closed topographic contour, and lacking a surface drainage
(47) "Sinkhole sideslope
midpoint" means the line of equal elevation along the midpoint between the
footslope and the shoulder slope.
(48) "Sinkhole throat" means an
outlet for a sinkhole allowing runoff from the drainage basin of the sinkhole
to flow directly into the ground.
"Site" means an area or parcel of land, under the control of any
person, on which on-site sewage disposal system(s) serving any structures or
facilities are to be located.
"Slope" means the deviation of the surface of the land from true
horizontal, measured as the rise or fall in feet and inches from a fixed point
to another point 100 feet distant, normally expressed as a percentage of slope.
"Soil" means the naturally occurring unconsolidated mineral and
organic material of the land surface, consisting of sand, silt and clay
minerals, variable amounts of organic materials, and void areas between mineral
and organic matter particles.
absorption" means the movement of effluent into and through interconnected
voids within the soil.
horizon" means a layer of soil, soil material, rock fragments and other
unconsolidated material approximately parallel to the land surface and
differing from adjacent genetically related layers in physical, chemical, and
biological properties or characteristics such as color, structure, texture,
map" means a map showing the distribution of soil series or other soil
mapping units in relation to the prominent physical and cultural features of
the earth's surface.
morphology" means the physical constitution, particularly the structural
properties, of a soil profile as exhibited by the kinds, thickness, and the
arrangement of the horizons in the profile, and by the texture, structure,
uniformity, and internal soil drainage of each horizon.
series" means a basic unit of soil classification, and consisting of soils
which are essentially alike in all major profile characteristics.
structure" means the combination or arrangement of individual soil
particles into definable aggregates, or peds, which are characterized and
classified on the basis of size, shape, and degree of distinctness.
survey" means the systematic examination, description, classification, and
mapping of soils in an area.
(59) "Soil tests"
means tests and evaluations of soil morphology and land features required to
complete a site evaluation for a proposed site.
texture" means the relative proportions of sand, silt, and clay in a soil,
and may include particles greater than two (2) mm in diameter, such as gravel,
cobblestones, flagstones, and chert.
"Subdivision" means the separation of a parcel or tract of land into
two (2) or more parcels or tracts for the purpose of development into
residential, commercial, or public building sites.
"Subsoil" means, in general, that part of the soil below the A
"Subsurface soil treatment and dispersal system" means that portion
of an on-site sewage disposal system which accepts effluent from a sewage
pretreatment unit for further treatment by microbial, plant, and animal life
within the soil, as well as treatment by filtration, chemical decomposition,
and bonding within the soil itself, and consists of:
components, and piping to:
effluent under pressure or by gravity flow; and
2. Distribute the
effluent to the soil absorption surfaces;
(b) Trenches, beds,
chambers, mounds, lagoons, separately or in combination, which form or enclose
the soil absorption surfaces;
(c) Rock, gravel, or
other fill materials required within the system, including barrier materials,
and fill soil within or over the system.
class" means soil groupings based upon a specified range in texture.
(a) The A or Ap
horizon, as defined in the Soil Survey Manual, 1993, Soil Survey Division
Staff, USDA Handbook No. 18.
"Variance" means a waiver of certain specified requirements of this
administrative regulation granted by the cabinet.
Section 2. Site
Approval Procedures. (1) Individual site approval procedures.
(a) A person seeking
approval of an individual site for the installation of an on-site sewage
disposal system or alteration of an existing lateral field shall submit:
1. The required fee;
2. A completed
application including a basic site plan drawing showing the following
(i) Specific address
or location of the site;
(ii) Site boundary
lines and dimensions of the site;
(iii) Location of
existing structures, sewage disposal systems, wells, ponds, streams, easements,
roads, and drives; and
(iv) Proposed or
existing location of structure to be served by the system, and proposed system
(b) A person seeking
approval shall establish an appointment time and date for the site evaluation,
if the person desires to be present during the evaluation.
boundaries shall be clearly identified.
(d) If the site
evaluation reveals that the applicable requirements of this administrative
regulation are met, the area designated for system installation shall be
clearly marked by the certified inspector or professional engineer by using
flags or other suitable, readily observable markers. The location of the
designated area shall be recorded on a property drawing by showing distances to
existing set points. The person seeking approval shall receive a copy of:
1. The Site
Evaluation Form including the overall evaluation rating;
2. Drawing showing
the location of the designated lateral field area; and
requirements relative to site limitations.
(e) After the site
evaluation has been conducted, a permit to construct, install, or alter an
on-site sewage disposal system shall be obtained prior to construction of any
portion of that system. An application for a construction permit shall be
submitted and accompanied by a detailed drawing of the proposed system or
alteration, including all necessary specifications, and required permit fees. A
permit shall be issued only by a certified inspector and only to a certified
installer or homeowner as provided in 902 KAR 10:110, and shall expire one (1)
year from date of issuance unless an extension is granted by the cabinet.
(a) A person seeking
approval for a subdivision developed after the effective date of this
administrative regulation, and for all existing subdivisions of record shall
follow the procedures for approval outlined in subsection (1)(a), (b), and (c)
of this section. Each individual lot or site shall be evaluated individually.
(b) If a site
evaluation reveals that an individual on-site sewage disposal system is
unapprovable due to site characteristics, the applicant shall be advised as to
other alternatives, if available.
(c) If a cluster
system is proposed, legal documents relative to ownership, operation and
maintenance of the system in perpetuity shall be submitted.
(d) A local health
department may adopt more specific requirements for subdivision approval,
within its jurisdiction, if not in conflict with this administrative
Section 3. Site
Evaluation Standards. (1) A certified inspector or professional engineer shall
evaluate each proposed site. Based upon the factors contained in subsections
(2) through (8) of this section, an official site evaluation form shall be
completed classifying each factor as SUITABLE (S), PROVISIONALLY SUITABLE (PS),
or UNSUITABLE (U).
(a) Uniform slopes
fifteen (15) percent or less shall be considered SUITABLE with respect to
(b) Uniform slopes
between fifteen (15) percent and up to and including thirty (30) percent shall
be considered PROVISIONALLY SUITABLE with respect to topography. Slopes within
this range may require installation of curtain drains, vertical drains, or
other approved drainage methods upslope from the lateral field. Usable areas
larger than normally required may be needed in this slope range.
(c) Slopes greater
than thirty (30) percent shall be considered UNSUITABLE except slopes greater
than thirty (30) percent may be classified as PROVISIONALLY SUITABLE if:
1. The soil
characteristics are classified as either SUITABLE or PROVISIONALLY SUITABLE to
a depth of at least thirty (30) inches;
2. Surface water
run-off is diverted around the lateral field;
3. If necessary,
groundwater or perched water table flow is intercepted and diverted through
curtain drains, vertical drains, or other approved drainage methods; and
4. There is
sufficient ground area available to install the on-site sewage disposal system
with approved modification.
(d) Complex slope
patterns and slopes dissected by gullies and ravines shall be considered
UNSUITABLE with respect to topography.
(a) Convex hill or
ridge tops, shoulder slopes, and side slopes shall be considered SUITABLE with
respect to landscape position.
(b) Convex foot
slopes and natural terraces shall be considered PROVISIONALLY SUITABLE with
respect to landscape position.
(c) Concave hill or
ridge tops, shoulder, side, foot, and toe slopes, drainageways, depressions,
and terraces may be considered PROVISIONALLY SUITABLE if:
1. The soil
characteristics are classified as either SUITABLE or PROVISIONALLY SUITABLE;
2. Surface water
run-off is diverted around the lateral field; and
3. Groundwater flow
is intercepted and diverted through curtain or vertical drains.
(d) If the
provisions in paragraph (c) of this subsection cannot be met the landscape
position shall be classified UNSUITABLE.
(e) An area closer
than seventy (70) feet to an open sinkhole throat or downslope from the
sinkhole sideslope midpoint, or subject to flooding damage shall be considered
UNSUITABLE with respect to landscape position.
characteristics, or morphology. Backhoe pits may be required for site evaluation.
If backhoe pits are not required, at least of four (4) soil borings shall be
taken in the area to be used for lateral fields. Backhoe pits or borings shall
be excavated to a depth of forty-two (42) inches or as required to determine
the soil characteristics. Each excavated test hole or pit shall be backfilled
to grade upon completion of the soil evaluation. Soil boring cores or exposed
soil horizons in backhoe pits shall be evaluated and a determination made as to
the suitability of the soil to treat and disperse effluent. Evaluation of soil
characteristics shall be performed according to procedures outlined by the Soil
Survey Manual, 1993, Soil Survey Division Staff, USDA Handbook No. 18, as
(a) Texture. The
texture of the different horizons of soils may be classified into four (4)
1. SOIL GROUP I -
sandy texture soils containing more than seventy (70) percent sand-sized
particles in the soil mass. These soils are usually without sufficient clay to
be cohesive. The sandy group includes the sand and loamy sand soil textural
classes and shall generally be considered SUITABLE with respect to texture.
2. SOIL GROUP II -
coarse loamy texture soils containing no more than twenty-seven (27) percent
clay-sized particles in the soil mass. They exhibit slight or no stickiness.
The coarse loamy group includes sandy loam and loam soil textural classes and
shall generally be considered SUITABLE with respect to texture.
3. SOIL GROUP III -
fine loamy texture soils containing less than forty (40) percent clay-sized
particles in a soil mass. They exhibit slight to moderate stickiness. The fine
loamy group includes sandy clay loam, silt, silt loam, clay loam, and silty
clay loam textural classes and shall generally be considered PROVISIONALLY SUITABLE
with respect to texture.
4. SOIL GROUP IV -
clayey texture soils contain forty (40) percent or more clay-sized particles
and include sandy clay, silty clay, and clay.
a. Soil materials with 1:1
kaolinitic or mixed mineralogy clays shall generally be considered
provisionally suitable as to texture.
b. Soil materials with 2:1 clays and
montmorillonitic mineralogy shall generally be considered unsuitable as to
c. Soil mineralogy information may be
obtained from proper soil classification and correlation of the site or by
laboratory tests listed in the Soil Survey Laboratory Methods Manual, 1996,
National Soil Survey Center, NRCS-USDA, Soil Survey Investigations Report No.
5. The soil texture
shall be estimated by field testing. Laboratory estimation of texture by
particle-size analysis may be substituted for field testing if conducted in
accordance with approved standard procedures such as those listed in the Soil
Survey Laboratory Methods Manual, 1996, National Soil Survey Center, NRCS-USDA,
Soil Survey Investigations Report No. 42, at the property owner's expense.
(b) Structure. The
four (4) kinds of soil structure most significant in movement of sewage
effluent through soils are:
1. Block-like soil
structure - block-like soil structure shall be considered PROVISIONALLY
SUITABLE. Some rocks even though weathered, such as shales or creviced or
fractured rocks, exhibit block-like structure. Rock shall be considered
UNSUITABLE as to structure.
2. Prismatic soil
structure - prismatic soil structure is generally considered PROVISIONALLY
SUITABLE unless it is associated with fragipans, which shall be considered
3. Platy soil
structure - if Group II, III and IV soils fall out into plate-like sheets, then
the soil would have platy structure which shall be considered UNSUITABLE.
4. Absence of soil
structure - soils which are massive or single grain and exhibit no structural
aggregates shall be considered UNSUITABLE.
(5) Internal soil
(a) Internal soil
drainage characteristics shall be determined by the following procedures:
1. Comparison of
moist soil samples collected throughout the soil profile, to a minimum depth of
forty-two (42) inches, to standard Munsell notation soil color charts to
establish color hue, value and chroma; and
2. Observation of soil
profile for evidence of chroma 2 or less, with or without mottling,
characterized as to abundance and contrast; or
3. Observation of
freestanding water table.
(b) Soils exhibiting
colors or mottling of greater than chroma 2 with no freestanding water table to
a depth of forty-two (42) inches shall be considered SUITABLE with respect to
internal drainage, if soil texture and structure are classified as either
SUITABLE or PROVISIONALLY SUITABLE.
(c) Soils exhibiting
colors or mottling of chroma 2 or less or freestanding water table starting at
a depth of less than forty-two (42) inches but greater than or equal to
twenty-four (24) inches shall be considered PROVISIONALLY SUITABLE with respect
to internal drainage, if soil texture and structure are classified SUITABLE or
(d) Soils exhibiting
colors or mottling of chroma 2 or less or freestanding water table at a depth
of less than twenty-four (24) inches may be classified as PROVISIONALLY SUITABLE,
1. Soil texture and
structure are classified SUITABLE or PROVISIONALLY SUITABLE; and
2. Curtain drains,
vertical drains, or other approved methods are installed to intercept lateral
water movement, or to lower and maintain the freestanding water table level to
a depth of greater than twenty-four (24) inches.
(e) Soils exhibiting
colors or mottling of chroma 2 or less or freestanding water table at a depth
of less than twenty-four (24) inches which cannot meet the criteria listed in
paragraph (d)1 of this subsection shall be considered UNSUITABLE.
(6) Soil depth.
(a) Presence of
bedrock or large flagstones, also known as "floaters", shall be
determined by probing the site and through direct observation of the soil
profile. Soil depth shall be considered the vertical distance from the existing
ground surface to:
1. Solid, fractured
or rippable bedrock;
2. Weathered parent
3. Large flagstones
which occupy more than thirty (30) percent of the exposed soil profile.
(b) Soil depths
forty-two (42) inches or greater shall be considered SUITABLE as to depth.
(c) Soil depths less
than forty-two (42) inches, but at least twenty-four (24) inches, shall be
considered PROVISIONALLY SUITABLE as to depth.
(d) Soil depths less
than twenty-four (24) inches shall be classified UNSUITABLE as to depth.
(e) If special
system design and installation modifications can be made to provide at least
eighteen (18) inches of undisturbed naturally occurring soil between the bottom
of the lateral field, the soils may be reclassified PROVISIONALLY SUITABLE as
(a) Soils in which
restrictive horizons are at forty-two (42) inches in depth or greater shall be
(b) Soils in which
restrictive horizons are at depths less than forty-two (42) inches, but at
least twenty-four (24) inches, shall be considered PROVISIONALLY SUITABLE.
(c) Soils in which
restrictive horizons are at depths less than twenty-four (24) inches may be
classified PROVISIONALLY SUITABLE, if special system design and installation
modifications can be made to provide at least eighteen (18) inches of
undisturbed naturally occurring soil between the bottom of the lateral field
and the restrictive horizon.
(d) Soils in which
restrictive horizons are at depths less than twenty-four (24) inches which
cannot meet the provisions in paragraph (c) of this subsection, shall be considered
(8) Available space.
(a) Sites which have
two (2) times the usable land area required to permit the installation of an
approved on-site sewage disposal system, in addition to the land area to be
occupied by existing or proposed structures, or other natural or manmade
features of the site which are not compatible with system installation shall be classified SUITABLE
as to available space.
(b) Sites which have the usable land area
required to permit the installation of an approved on-site sewage disposal
system, and the usable land area required to permit the installation of an
equivalent approved system, in addition to the land area to be occupied by existing
or proposed structures, or other natural or manmade features of the site which
are not compatible with system installation shall be classified PROVISIONALLY
SUITABLE as to available space.
(c) All other sites shall be classified
UNSUITABLE as to available space.
(9) Determination of
overall site suitability. The criteria in subsections (2) through (8) of this
section shall be SUITABLE, PROVISIONALLY SUITABLE, or UNSUITABLE as indicated.
If all criteria are classified the same, that classification will prevail. If
there is a variation in classification of the several criteria, the lowest
classification shall determine the overall site classification.
classified as UNSUITABLE may be reclassified PROVISIONALLY SUITABLE under the
provisions of subsection (2) of this section.
(b) If the landscape
position, soil texture, soil structure, internal drainage, or depth to
restrictive horizon is classified as UNSUITABLE, and cannot be reclassified as
PROVISIONALLY SUITABLE through modification, the overall classification shall
be UNSUITABLE regardless of the other criteria, unless the provisions of
Section 4(6) of this administrative regulation are met.
(c) Soil depth
classified as UNSUITABLE may be reclassified as PROVISIONALLY SUITABLE under
the provisions of subsection (6)(e) of this section.
Section 4. Site
Classification and System Restrictions. (1) Restrictions shall be placed upon
on-site sewage systems approved for use due to site limitations or daily waste
load volume. The restrictions shall be determined by the following conditions,
and the modified or alternative system listed shall be considered as the
(2) A site with an
overall evaluation rating of SUITABLE, a conventional subsurface soil treatment
and dispersal system twenty four (24) inches deep, shall not be permitted
without the approval of the local health department or the Department for
(3) A site with an
overall rating of PROVISIONALLY SUITABLE due to:
(a) Depth to rock,
water table, or restrictive horizon.
1. Twenty-four (24)
inches but less than forty-two (42) inches - a six (6) to twenty-three (23)
inch deep modified conventional trench, or other approved system with a minimum
separation distance of eighteen (18) inches between trench bottoms and rock,
water table, or restrictive horizon.
2. Eighteen (18)
inches to less than twenty-four (24) inches - a mound system; other approved
system that maintains a minimum separation distance of eighteen (18) inches
between trench bottoms and rock, water table, or restrictive horizon; or,
sufficient filling of the area with suitable soil to allow installation of a
modified or alternative system after a one (1) year settling period. A minimum separation distance
of twelve (12) to eighteen (18) inches between trench bottoms and rock, water
table, or restrictive horizon may be considered on a case-by-case basis with
additional approved treatment technology such as: peat filter systems, sand
filter systems, aerobic units, and drip irrigation systems, two (2) tanks in a
series, dual compartment septic tanks, approved effluent filters, and
constructed wetlands cells.
3. Less than
eighteen (18) inches - filling of the area with suitable soil to sufficient
depth to allow modified or alternative system installation after a one (1) year
(b) Soil texture or
1. Soil Group III -
any approved system.
2. Soil Group IV - a
conventional trench system modified by the use of additional pretreatment as
outlined in Section 6(2) of this administrative regulation. The system may be
required to be modified by the use of alternating lateral fields; by dosing
tank and pump or siphon; by dosed alternating lateral fields; by dosed
automatic alternating lateral fields; or by the use of an LPP system; by a
lagoon and lateral field system; or by other systems approved by the cabinet
for use in Group IV textured soil. Gravity flow distribution systems in this
soil group shall use equal flow distribution boxes only.
(4) If available
the installation of an approved system is inadequate:
(a) Installation of permanent one and
six-tenths (1.6) gallon or less low-volume flush water closets or nonwater
carriage toilet devices shall be required.
(b) As much lateral footage of the most
space efficient approved system, but no less than fifty (50) percent of the
required minimum lateral footage for that system, discharging into a holding
tank which is at least equal in capacity to the required pretreatment unit
shall be required.
(5) If a
PROVISIONALLY SUITABLE rating was obtained which may be affected by a
combination of site limitations, the on-site system, whether conventional,
modified, or alternative, which will overcome all limitations involved shall be
(6) A site
classified as UNSUITABLE may be used for on-site sewage disposal systems, if
engineering, hydrogeologic, and soil studies indicate to the cabinet that a
suitable on-site sewage disposal system can reasonably be expected to function
satisfactorily. The site may be reclassified as PROVISIONALLY SUITABLE upon
submission to the cabinet of adequate substantiating data to indicate that:
(a) An on-site
sewage disposal system can be installed so that the effluent will receive
adequate treatment and proper disposal;
(b) The effluent
will not contaminate any drinking water supply, groundwater, perched water, or
(c) The effluent
will not be exposed on the ground surface.
(7) A site originally
classified as UNSUITABLE due to soils that have been structurally damaged may
be upgraded to PROVISIONALLY SUITABLE if the following conditions are met:
(a) Structural damage limited to a
maximum depth of six (6) inches from the original ground surface;
(b) Trench depth at least six (6) inches
deeper than the damaged layer;
(c) Required vertical separation
distances to rock, water table, or other restrictive horizons maintained;
(d) Soil rectification performed using
one (1) of the following methods:
1. Mechanical renovation with a chisel
plow or other similar device if damaged soil is adequately improved by lifting
from two (2) inches below the damaged layer; or
2. Removal of damaged soil and
replacement with a Group III or better soil with a SUITABLE or PROVISIONALLY
SUITABLE structure; and
(e) Reevaluation by a certified inspector
following soil rectification and prior to system installation.
Section 5. Approval
of Consultants. (1) The cabinet may grant limited approval to an eligible
individual to perform tentative site evaluations only for proposed subdivisions
for which on-site sewage disposal systems are intended.
eligible for approval as consultants shall include:
3. Soil scientists;
inspectors whose certifications have not been suspended or revoked.
(b) The cabinet may
require attendance at training seminars and competency testing as a condition
of maintaining approved status.
(2) To be eligible for
approval as a consultant, the individual shall possess a valid professional
registration, license, certificate, or other similar document, issued by the
respective profession's registration, licensure, or certification board,
agency, committee, or other body recognized by the state of Kentucky.
(3) If suspension or revocation
proceedings are initiated by the cabinet, in accordance with KRS 211.360(3),
the certified individual may request a hearing before the cabinet, in
accordance with KRS 211.360(4), to present evidence on his behalf as to why the
intended action should not be taken.
(4) If the cabinet has suspended or
revoked certification for cause, the cabinet shall provide notification to the
appropriate professional body with which the person affected is registered, licensed,
Section 6. System
Sizing Standards. (1) Design waste flows. Daily waste flow volumes for system
design and sizing purposes shall be computed for each residential unit,
business or commercial facility, or other public facility, based upon the
design flow per designated flow unit listed in Table 1 multiplied by the number
of flow units involved.
(a) If approved
permanent nonwater carriage water closet type devices, such as composting,
incinerator, or oil carriage toilets, are installed exclusively in a residence
and if no other blackwater type wastes are created, the daily design waste flow
unit for that specific residence may be reduced to the figure given in Table 1.
(b) A daily waste
flow unit reduction shall not be granted for installation of nonpermanent flow
reduction devices, such as showerheads, showerhead or faucet inserts,
suds-saver type automatic washing machines, or other similar devices. Use of
water saving devices, such as low-volume flush water closets, may be required
by the cabinet if necessary due to site limitations.
(c) An on-site
sewage system that receives a design daily waste flow of 2,000 gallons or more
shall be designed to provide dosing of the lateral field through the use of
dosing tanks and pumps or siphons, or through the installation of an LPP system.
(d) An applicant
proposing to use an on-site sewage disposal system for a nonresidential source
of sewage shall provide the following information to the cabinet:
1. Data to show the sewage does not contain
2. Data to establish the potential sewage
strength and to identify chemicals found in the sewage that are not typically
found in residential sewage; and
3. A design to provide pretreatment of
the sewage to at least residential septic tank effluent quality.
(e) The following
businesses or facilities shall not be approved for disposal of waste waters
into an on-site sewage disposal system due to the nature of the wastes
generated or the high volume of wastewater created:
except on an experimental basis as provided under Section 8(14) of this
2. Car washes;
3. Kill room wastes
from livestock slaughterhouses;
4. Embalming wastes
from funeral parlors or mortuaries; and
5. Industrial or
process wastes from factories.
Daily Waste Flow
Source of Sewage
Single family residences
Hotels or motels
Mobile home parks
Each toilet room
Malls, shopping centers
Each 1000 sq. ft.
Dental offices (with
water rinse units)
Dental offices (with
(add for animal
(add for animal
(Add for showers)
Employee/shift (does not
include process water or cafeteria)
Eating and drinking establishments:
Restaurant (does not
include bar or lounge)
Bar or lounge
Drive-in (no public
Drive-in (with public
Rabbit or fish
(with solid waste separation)
per animal or fish
Hospitals and surgical
Prison or jail
Each inmate bed
Nursing home, rest home
Each resident bed
Schools and Churches (includes
Elementary, day care,
(sewer hook-ups to each
(with central bath only)
Dump station only
Day camp (no meals)
Tent camping areas
Country clubs (does not
include food service)
Picnic parks, sports
facilities, ball parks:
(with toilet only)
(with food service)
(includes food service)
Skating rink/dance hall
Person (based on rated capacity)
Airport, bus or rail
Auto service station
Each water closet or
pretreatment units. A septic tank in a single-family residence on-site sewage
disposal system shall meet the minimum working liquid capacities in paragraphs
(a) to (c) of this subsection, based on the number of bedrooms involved. An
aerobic or other type of approved pretreatment unit shall be sized according to
its rated treatment capacity in gallons per day, based upon the design daily
waste flow per design unit given in Table 1.
(a) On a Soil Group
IV site, additional pretreatment shall be provided by use of one (1) of the
1. Installation of
multiple septic tanks in series. The first tank receiving raw sewage from the
residence shall be of the required minimum capacity in Table 2. Additional
tanks shall be installed in series as needed to provide a total capacity equal
to the required minimum plus an additional fifty (50) percent;
2. Installation of
an aerobic pretreatment unit. An aerobic unit that does not include an integral
trash or primary settling chamber in its construction shall be provided by the
series installation of a minimum 1,000 gallon septic tank to receive raw
sewage, with effluent discharging into the aerobic unit.
3. Installation of multiple
compartment septic tanks. The first compartment, receiving raw sewage from the
residence shall be of the required minimum capacity in Table 2. The second
compartment shall have a total capacity equal to at least fifty (50) percent of
the first compartment.
4. Permanent installation of effluent
filters. The effluent filter shall be a maximum screen size of one-sixteenth
(1/16/) inch and shall be installed either inside or following a properly-sized
septic tank. Access to filters shall be provided to finished grade.
(b) Subsurface flow constructed wetlands
on-site sewage disposal systems shall include one (1) of the following
1. Two (2) septic tanks in series and an
approved commercial-sized filter located at the outlet end of the second tank;
2. A two (2) compartment septic tank and
an approved commercial-sized filter located at the outlet end of the second
3. An aerobic unit and an approved
commercial-sized filter installed internally or externally on the outlet pipe.
(c) A pretreatment unit for subsurface
flow constructed wetlands shall be sized the same as a pretreatment unit for
Group IV textured soil.
If required minimum
tank capacities for residential systems exceed 1,000 gallons and larger
capacity tanks are unavailable, serial installation of multiple tanks is
permitted to obtain the necessary capacity. The first tank in series shall have
a minimum capacity of 1,000 gallons.
Capacity of Pretreatment Units
(3) Commercial and
public facility pretreatment units.
(a) Minimum working
liquid capacities for a septic tank for a commercial or public facility on-site
sewage disposal system shall be determined by multiplying the daily design
waste flow per unit times the total number of units, plus an additional fifty
(50) percent of that figure for solids storage. (Gallons/unit/day X Number of
Units) + 50% = MINIMUM CAPACITY REQUIRED.
facility system installation shall be subject to procedures and requirements
listed in subsection (2) of this section relative to:
1. Sites with soils
in Soil Group IV;
2. Subsurface flow
3. Aerobic and other
types of pretreatment units; and
4. Use of multiple
tanks in series to obtain required capacity.
(c) An establishment
preparation or food processing facilities shall install adequately-designed and
approved pretreatment units to reduce FOG, BOD-5, and TSS to a level typically
found in residential septic tank effluent. The applicant shall be required to
submit data from comparable facilities to determine the establishment’s
potential effluent strength.
commercial or public facility engaged in the manufacture, processing,
preparation, or service of food or food products shall be provided with an
approved grease trap. Wastewater drain piping from food processing equipment;
sinks for washing of food, equipment and utensils; dishwashers; and floor
drains in food preparation and processing areas shall be separated from other
wastewater piping, and shall discharge into a grease trap prior to entrance
into an on-site sewage disposal system. Grease trap capacity shall be a minimum
of 500 gallons for daily waste flows of 6,000 gallons or less; and 1,000
gallons for daily waste flows greater than 6,000 gallons. A grease trap shall
be placed outside of the structure and shall be located as close as practicable
to the source of the wastewater to prevent separation of grease prior to entry
into the grease trap.
(4) Sizing of
gravity distribution lateral fields. Gravity distribution lateral fields for an
on-site sewage disposal system shall be sized based upon the design daily waste
flow for the residence, commercial or public facility involved, as determined
from Table 1. The total daily waste flow multiplied by the linear footage
requirement per gallon found in Table 3 for the specific site soil
characteristics, shall determine the minimum linear footage of lateral trench
Rates for Gravity Distribution
Fields Based on Two (2) Foot
Rate Gal/Sq. Ft./Day
Linear Ft. Per Gallon
II Coarse loams
III Fine loams (with suitable structure)
Sandy Clay Loam
Silty Clay Loam
Fine loams (with
Sandy Clay Loam
Silty Clay Loam
(Kaolinitic or mixed mineralogy with provisionally-suitable
(5) Sizing of LPP
distribution lateral fields. LPP distribution lateral fields for on-site sewage
disposal systems shall be sized based upon the calculated total design daily
waste flow for the residence, commercial, or public facility involved, as
determined from Table 1. The total daily waste flow divided by the allowable
daily loading rate found in Table 4, for the specific site soil
characteristics, shall determine the minimum square footage of absorption area
Pressure Pipe (LPP) Lateral Fields
II Coarse Loams
III Fine Loams (with
Sandy Clay Loam
Silty Clay Loam
Fine Loams (with
Sandy Clay Loam
Silty Clay Loam
IV Clays (Kaolinitic or
(6) Sizing of
gravelless pipe systems. Gravelless pipe in eight (8) and ten (10) inch
internal diameter sizes, may be used in lieu of standard lateral trenches for
conventional and modified conventional lateral field applications. Linear
footage requirements listed in Table 3 shall apply to gravelless pipe.
Gravelless pipe shall not be permitted in Group IV textured soils.
(7) Sizing of
gravity distribution lateral beds. If lateral beds are permitted in lieu of
standard two (2) foot wide lateral trenches, the required total length of
standard lateral trench shall be calculated from Tables 1 and 3 information.
That figure shall be multiplied by the percentage shown on Table 5, for the bed
width intended for use. The number of linear feet resulting shall be the amount
required for installation for that particular bed width.
Bed Length Requirements
Gravity Distribution Systems
on Bed Width
of Two (2) Foot
Trench Required By:
(8) Sizing of
leaching chamber systems. Leaching chamber systems may be used in lieu of
standard lateral trenches. Linear footage requirements for chambers shall be
based on nominal internal chamber width as follows:
(a) In trench
configuration - for nominal widths of fifteen (15) to twenty-one (21) inches,
100 percent of Table 3; twenty-two (22) to twenty-seven (27) inches, seventy
(70) percent of Table 3; twenty-eight (28) to thirty (30) inches, sixty (60)
percent of Table 3; thirty-one (31) to thirty-six (36) inches, fifty-five (55)
percent of Table 3; thirty-seven (37) to forty-one (41) inches, fifty (50)
percent of Table 3; forty-two (42) to forty-four (44) inches, forty-five (45)
percent of Table 3 required linear footage.
(b) In bed
configuration - for chamber widths eighty-five (85) percent of Table 5 linear
footage requirements based on total bed width to nearest foot.
(c) Other chamber
designs including those with nominal widths outside the ranges listed in
paragraph (a) of this subsection shall be sized on a case-by-case basis.
(9) Sizing of
gravity distribution alternate lateral fields or beds. If alternate gravity
distribution lateral fields or beds are used, the individual alternate lateral
fields or beds shall each contain one-half (1/2) of the total linear footage
required for the system, and shall be alternated in use on a yearly basis by
use of an approved alternating valve or device.
(10) Sizing of dosed
gravity distribution automatic alternating lateral fields or beds. If dosed
automatic alternating lateral fields or beds are used, the individual
alternating lateral fields or beds shall each contain one-half (1/2) of the
total linear footage required for the system. Dosed automatic alternating
lateral field or bed systems shall be designed and operated so as to alternate
between lateral fields or beds with doses of effluent, by of two (2) or more dosing
siphons or pumps controlled by an automatic alternating device, or by simultaneous
(11) Sizing of
combination evaporation-absorption lagoon and lateral field systems. On sites
with Group IV soils where a conventional lateral field system or alternative
system cannot be installed due to heavy clay soils with poor or no structure
conditions, a combination evaporation-absorption lagoon and shallow lateral
field system may be considered for installation. Total daily waste flow shall
be determined by using Table 1, and the total square footage of lagoon waste
surface area shall be calculated by multiplying the total gallons of waste flow
per day by five (5) square feet per gallon. Effluent entering the lagoon shall
have passed through a properly sized pretreatment unit, according to the
provisions of Table 2 and subsection (3)(a) of this section. The overflow from
the lagoon shall be directed to an approved lateral field according to the
provisions of Section 4 of this administrative regulation. Lagoon overflow
lateral field size for two (2) foot wide gravel field trenches shall be
calculated by multiplying the total daily waste flow in gallons by .10 linear
feet per gallon.
(12) Sizing of mound
systems. Mound systems shall be designed and sized based upon the information
and criteria given in the United States Environmental Protection Agency
publication EPA 625/1-80-012 "Design Manual, On-site Wastewater Treatment
and Disposal Systems," Chapter 7.2.4 on Mound Systems. All mound systems shall
use pressure distribution of effluent in the absorption area. Mound fill
material shall be coarse ASTM C-33 sand that meets the following criteria: less
than twenty (20) percent, by weight, greater than two (2) mm in diameter and
less than five (5) percent, by weight, less than 0.053 mm in diameter. The
design loading or filtration rate shall be one (1.0) gpd/sq.ft. for residential
septic tank effluent. The sand fill material shall not be included in the
measurement of the vertical separation distance between the absorption area and
a restrictive horizon, rock, or water table.
(13) Sizing of subsurface flow
constructed wetlands systems. Constructed wetlands cells shall contain a
minimum of one and three-tenths (1.3) cubic feet of fill material for each one
(1) gallon of total daily waste flow. Total interior square footage shall be
based on one and three-tenths (1.3) cubic feet per one (1) gallon of total
daily design wasteflow; if twelve (12) inches of fill material is used, then
the square footage equals the cubic footage. The length to width ratio of the
cell shall range between three (3) to one (1) and five (5) to one (1) for
gravity flow. The length to width ratio for pressure distribution shall be
determined based on system size and available installation area. The overflow
lateral field footage shall be calculated by using fifty (50) percent of the
standard sizing for the chosen type of system; all approved lateral field types
shall be acceptable.
(14) Sizing of
residential laundry waste systems. If improved system performance may be
attained by separating laundry greywater waste flows from other residential
waste flow for new system installations, or as repair for existing systems,
separation shall be accomplished in the following manner:
(a) Greywater sewer
for the washing machine shall be separated from the main house sewer;
(b) A residential laundry
greywater waste system shall be installed according to the results of the site
evaluation of the greywater installation area.
(c) Sizing shall be calculated on fifteen
(15) percent of total daily waste flow multiplied by the linear feet per gallon
specified in Table 3 for a conventional two (2) foot wide trench.
(d) On a new
system installation permitting laundry wasteflow separation:
1. For Soil Groups I to III,
a fifteen (15) percent reduction in the primary system lateral field
requirement shall be allowed;
2. For Soil Group IV, a
system size reduction shall not be allowed.
(15) The cabinet shall size
an experimental or alternative system not covered by this administrative
regulation, based upon:
(a) Site characteristics;
(b) Effluent characteristics;
(c) Pretreatment processes;
(d) Technology used; and
(e) Other demonstrable factors.
(16) Sizing of
dosing tanks. Dosing tanks shall be of sufficient capacity to hold two (2)
times the total design daily waste flow calculated from Table 1.
(17) Use of holding
(a) A holding tank
shall be permitted only under the following conditions:
1. Written official
verification is submitted to the cabinet that a municipal sewer system will be
available within a two (2) year period;
2. A commercial or
public facility has a daily wasteflow of less than 200 gallons per day;
3. During a one (1)
year waiting period for soil to settle in an area that has been filled with
topsoil, in accordance with Section 7(5) of this administrative regulation;
4. To repair an
existing septic system if no other means of repair is available;
5. To expand an existing
system for a single family residence if no other means of expanding the system
is available; or
6. In accordance with Section 4(4)(b) of
this administrative regulation.
(b) If a holding tank is permitted:
1. Water closets with flush volume of one
and six-tenths (1.6) gallons or less shall be installed;
2. An audible and visible alarm system
shall be installed:
a. Within the structure served; or
b. In a high pedestrian traffic area,
within sight of the structure served;
3. The applicant shall submit with the
permit application a copy of a contract with a licensed septic tank cleaning
company, or other management entity, for servicing the holding tank, and shall
thereafter maintain servicing records available for cabinet inspection; and
4. The local health department may
require the owner to post a cash performance bond.
(18) Sizing of holding tanks. Holding
tanks shall be sized as follows:
(a) Holding tanks installed to repair an
existing system, or as an addition to a new system, or added to expand an
existing system, shall be sized the same as the required pretreatment unit.
(b) All other holding tanks shall be
sized to hold a minimum seven (7) days wasteflow for the structure served.
Section 7. System
Installation Standards. (1) System layout standards.
(a) A system shall
be designed, laid out, and installed in the designated area set aside during
the site evaluation. Installation of the system in any other area is prohibited
without the written consent of the local health department certified inspector.
markers used to designate the system area cannot be identified, the certified inspector
or professional engineer who conducted the site evaluation shall revisit the
property to reestablish the original designated area and confirm that it has
not been altered.
(b) Layout of the
system on the site by the certified installer shall be accomplished by using
suitable stakes or markers to locate excavation sites for system components,
and shooting of surface grades to establish necessary excavation depths to
assure proper elevation "fall" in the system. Lateral trenches or
beds shall be laid out to follow parallel to the surface contour lines of the
(c) Maximum length
for individual lateral trenches or beds for gravity distribution systems shall
be no more than 200 feet. Maximum length for individual lateral trenches in LPP
systems shall be seventy (70) feet.
(d) Individual lateral lines
or beds receiving effluent from an equal flow distribution box shall be of
equivalent size within ten (10) percent of the longest line or bed.
Lateral trenches, and leaching chambers two (2) feet wide or less, for gravity
distribution systems shall be spaced a minimum of eight (8) feet on centers.
Lateral trenches for LPP systems shall be spaced a minimum of five (5) feet on
centers. Lateral beds, and leaching chambers greater than two (2) feet wide,
for gravity distribution systems shall be spaced a minimum of eight (8) feet
from side wall to side wall. Spacing shall be increased two (2) feet on all
sites with slopes greater than fifteen (15) percent and up to and including
twenty (20) percent. On slopes greater than twenty (20) percent, each five (5)
percent increase in slope, or fraction thereof, shall require an additional
spacing of two (2) feet for lateral trenches.
(f) Lateral line
spacing in gravity distribution bed systems shall be as follows:
1. For beds of four
(4) to six (6) feet in width, one (1) lateral line placed on the centerline of
2. For beds of seven
(7) to ten (10) feet in width, two (2) lateral lines, spaced two and one-half
(2 1/2) feet from the side walls;
3. For beds eleven
(11) feet and wider, the two (2) laterals spaced two and one-half (2 1/2) feet
from the side walls, and additional lateral lines installed five (5) feet on
centers, or fraction thereof, from the side wall laterals.
(a) Only equipment
necessary to the installation of an on-site sewage disposal system shall be
permitted in the designated area set aside for that system. Equipment shall be
operated so as to minimize travel over, and compaction of, the system area.
(b) Excavation of
the lateral field, bed or other subsurface soil absorption system portion of
the total system area shall be restricted by the soil moisture conditions of
that portion of the area at the intended depth of excavation for all soil
texture classes. Soil moisture conditions shall be determined by test
excavation to the intended depth of the lateral trenches or beds. A small
portion of soil excavated from that depth shall be rolled between the thumb and
fingers. If the soil can be rolled into a "wire" shaped form which
does not easily crumble, the soil is too wet to work and will compact and seal
absorption surfaces. If a "wire" form cannot be rolled and the soil
crumbles, excavation can proceed.
(c) Excavation for septic
tanks or other pretreatment units, distribution boxes, alternating valves or
devices, and all nonperforated piping used to conduct effluent to other
components through gravity flow means, shall be done only after shooting of
grades to assure a positive gradient from the outlet of the pretreatment unit
through all components to the distribution box(es) or device(s). Such determinations
of grade shall take into account the intended excavation depth from grade of
lateral trenches or beds.
(d) Excavations for
placement of all components shall be made to the necessary depth for
installation and shall be dug level in undisturbed earth. If filling is
required to level or raise components to the proper grade, except for lateral
trenches or beds, tamped gravel, sand, or compacted soil shall be used for
bedding purposes. When installation occurs in stony areas, large stones,
flagstones, and boulders, shall be removed from the component placement
excavations to prevent component damage, and the cavities created by their
removal shall be filled with tamped gravel, sand, or compacted soil if they are
located on the bottom surface of the excavation.
(e) Excavations for
lateral trenches or beds shall be made to the depth specified by the site
evaluation results. Maximum trench or bed depth from grade for an on-site
sewage treatment and dispersal system shall be twenty-four (24) inches. Minimum
trench or bed depth for modified gravity and dosed gravity distribution systems
shall be six (6) inches from grade. Minimum trench depth for LPP systems shall
be six (6) inches from grade. Trench width for LPP systems shall be a minimum
of twelve (12) inches. Minimum trench width for gravelless pipe shall be
eighteen (18) inches to a maximum of twenty-four (24) inches. Minimum or
maximum trench width shall be as per manufacturer's specifications for leaching
chambers; but in no instance shall the trench width exceed the chamber width by
more than eight (8) inches.
(f) Lateral trench
and bed bottom grades shall be as shown in Table 6:
Grades for Trench and Bed Bottoms
Hillside or drop box
(also serial distribution)
Equal Flow Box
Level to 1" in all
directions from center
Low Pressure Pipe
Leaching Chambers (using
any of the above methods except low pressure)
(using low pressure
(g) Excavations for
curtain drains, or vertical drains to intercept or lower groundwater tables
shall be made to the depth determined by the site evaluation. Curtain drain
excavations shall maintain the required depth in all parts upgrade from the
lowest lateral line and then be graded to drain to the surface or to a pumped
catchment basin. Vertical drain excavations shall encircle the entire soil absorption
field area. Pretreatment units may be included within the curtain drained or
vertical drained area.
(h) Excavations for
distribution leaders, or nonperforated pipe, from a distribution box on gravity
distribution systems, shall be made so as to provide a "benched"
distribution corridor above the trench or bed bottom. This "benched"
corridor shall be bedded in undisturbed earth, and shall be excavated so as to
provide a "bench" height of six (6) inches above the elevations of
the trench or bed bottoms. Benching of the distribution corridor shall be used
to reduce the possibility of "short circuiting" of effluent and
effluent ponding around distribution boxes.
(i) Excavation of
evaporation/absorption lagoons shall be made to provide uniformly-level lagoon
bottoms and to provide a wastewater depth below the overflow outlet of four and
one-half (4 1/2) feet, and a freeboard of two (2) feet. Containment berming,
dikes, dams, and liners shall be of Group IV soil texture and installed so as
to provide a minimum of eighteen (18) inch separation from the inside wall and
bottom of the lagoon to rock and shall be "keyed" into the original
soil at least one (1) foot deep and two (2) feet wide at the base. Berms, dikes
or dams shall be constructed on a two (2) feet vertical to one (1) foot
horizontal slope. To
prevent entrance by unauthorized persons, a lagoon shall be enclosed within a
minimum six (6) foot high chain-link fence or equivalent open weave designed
fence with a locked gate.
(j) Constructed wetlands cell bottoms
shall be excavated uniformly level and prepared so that no coarse materials are
exposed. Soil berming used for constructed wetlands shall be constructed so
that the berming is stable and soil sloughing does not occur. The outside walls
shall have a slope of one (1) foot vertical to three (3) feet horizontal. The
inside walls shall have a minimum slope of one (1) foot vertical to two (2)
feet horizontal. Vegetation shall be established on berming as soon as
(a) Septic tanks and
other pretreatment units, dosing tanks and holding tanks shall be installed
level. Connections to the unit which conduct sewage or effluent, and unit
joints or seams, shall be watertight. Manufacturer's instructions on
installation and piping and electrical connections to the unit, shall be
followed by the installer. A unit showing structural damage on delivery, or
damaged in placement shall be replaced with an undamaged unit. Patching of
minor damage which does not affect the structural integrity, watertightness, or
function of the unit may be permitted under the supervision of the certified inspector.
(b) The certified
installer shall provide access to finished grade above the outlet end manhole
on each septic tank, through the use of suitable manhole risers of a minimum
eighteen (18) inches internal dimension to allow removal of the tank manhole
lid. The manhole risers shall be provided with tamper-resistant lids or covers.
Lids or covers of precast concrete, cast iron or steel shall be considered
tamper-resistant if weighing sixty (60) pounds or more and require a vertical
lift for removal. Lids or covers of sheet metal, plastic or fiberglass shall be
attached by bolts or other suitable fastener requiring a tool for removal.
(c) An approved
distribution device shall be used in a gravity flow system.
boxes, and alternating valves or devices, shall be installed level, and each
piping connection shall be rendered watertight. A component showing structural
damage on delivery, or damaged in placement shall be replaced with an undamaged
(e) An equal flow
distribution box shall be installed on a stable base to prevent settling. A
plastic or fiberglass equal flow or level box shall be securely anchored to a
poured concrete base a minimum of four (4) inches thick and extending on all
sides of the box side walls at least four (4) inches.
(f) Outlet piping of
an equal flow box shall be extended past the inside side wall of the box at
least three-fourths (3/4) of an inch but no greater than one (1) inch to allow
attachment of water leveling devices.
nonperforated pipe shall be used as leader piping to connect an outlet in a
distribution box to each perforated lateral line in the gravity distribution
system, and shall extend two (2) feet into all trenches or beds before
connection to perforated lateral line. The leader piping excavation shall be
manually filled with tightly-tamped soil.
(h) Leader piping
connected to equal flow boxes shall be installed at no greater than one-eighth
(1/8) inch per foot slope for the first five (5) feet of run from the box to
restrict the flow velocity of effluent.
(i) Lateral lines
for conventional gravity distribution trenches or beds shall be laid as
1. A six (6) inch
deep layer of approved trench rock or other fill material is carefully placed
in the trench or bed to prevent sealing of absorption surfaces from fill
impact, and leveled;
2. Lateral piping is
placed and leveled on the trench fill material in the center of the trench (or
properly spaced in beds), and retained in place to prevent movement, while
additional trench fill material is added to a point two (2) inches above the
top of the top of the lateral piping, for a total of twelve (12) inches of
trench fill material;
3. Other methods of
lateral piping and trench rock placement may be approved by the cabinet upon
demonstration of equivalent compliance.
4. A four (4) inch
layer of approved barrier material, whole straw, or a single layer of synthetic
filter fabric, is then placed over the trench fill material to prevent entry of
backfill soil fines.
(j) Lateral lines
for LPP systems shall be laid as follows:
1. At the beginning
of each trench and at twenty (20) foot intervals thereafter, barrier walls of
undisturbed earth or compacted earthfill at least one (1) foot thick shall be
placed from sidewall to sidewall of the trench to the level at which lateral
piping is to be installed;
2. Six (6) inches of
pea gravel or approved alternate trench rock shall be placed in the trench and
3. Lateral piping
shall be laid in place and assembled, or may be preassembled, and leveled;
4. Trench earth
barrier walls shall be completed to ground surface and additional pea gravel or
other trench fill material carefully placed over the laterals to a height of
two (2) inches over the top of the piping;
5. Other methods of
lateral piping and trench rock or pea gravel placement shall be approved by the
cabinet upon demonstration of equivalent compliance.
6. A two (2) inch
layer of approved barrier material, whole straw, or a single layer of synthetic
filter fabric shall be placed over the pea gravel to prevent entry of backfill
(k) Lateral lines
for gravelless pipe systems shall be installed as follows:
1. Remove plastic
shipping and storage bags from pipe; do not remove filter wrap.
2. Lay out
gravelless pipe with top stripe UP. Roll filter wrap back from ends of each
section of pipe to allow proper connection of pipe sections and/or reducer
connectors or end caps.
3. Join pipe
sections together with approved connectors, making sure top stripes are in
direct alignment on both sections to be joined. Tape joint with plastic tape
supplied by pipe manufacturer to seal joint. Pull filter wrap ends back over
joint and tape them together.
4. Fit offset reducer
connectors, of size four (4) by eight (8) inches or four (4) by ten (10)
inches, to inlet ends of joined pipe sections and locate four (4) inch inlet at
top of pipe in alignment with top strips; tape joints to seal. Leave filter
wrap loose at this time.
5. Fit end caps on
other end of joined pipe sections, seal joints with tape, pull filter wrap over
end joint and tape in place.
6. Lay joined
lateral pipe sections into trenches with top stripe directly UP. Connect solid
smooth wall header piping from distribution box outlets to four (4) inch inlet
on offset reducer connector, inserting header pipe four (4) inches into
connector, and seal joint with tape. Pull filter wrap over end of reducer cap
and around four (4) inches header piping and tape in place.
(l) Center and support each
pipe section with handfilled soil. Installation of constructed wetland
components shall be as follows:
1. Cell framing shall be structurally
supported by spiking, mortaring, bolting, or other approved means.
2. A liner shall be installed in each
cell and shall be watertight after installation.
3. A manufactured liner shall be
installed to conform to the shape of the cell, and wrinkles smoothed prior to
the placement of fill material. The certified installer shall inspect the
installed liner for holes or cuts. If the liner requires perforation to allow
piping to pass through, the liner shall be watertight after the piping is
installed. A liner shall be protected from sunlight before and after installation.
4. A clay liner may be installed in a
second cell application for residential use only if naturally-occurring Group
IV textured soil is present. The berming of the clay liner shall be keyed into
the original soil by six (6) to twelve (12) inches. The clay liner shall be compacted.
5. Cell fill material shall be installed
level, at a uniform depth ranging between twelve (12) and eighteen (18) inches,
based on the plant species selected.
6. The cell shall be constructed to
provide a water depth equal to the cell fill material depth.
7. Two (2) inches of approved cover
material shall be placed over the cell fill material.
8. Inlet and outlet headers shall be
located at the bottom, center, or top of the fill material.
9. Inlet and outlet headers shall be
located within one (1) foot from the cell end walls for gravity flow.
10. Inlet headers shall be located within
three (3) feet from the cell end walls for pressure distribution.
11. If a header is located at an
elevation that may cause siphoning of the effluent from a cell, approved
antisiphon methods shall be used.
12. If perforated horizontal header
piping is used, the header pipe shall be installed level with the holes located
one (1) inch from the pipe bottom at the same elevation.
13. If perforated horizontal inlet header
piping is used, access to cover material grade shall be provided for clean out.
14. Each header shall be covered with two
(2) to four (4) inches of approved cover material.
15. Water level control devices may be
installed at the ends of the cells; the design of these devices shall comply
with the construction standards of 902 KAR 10:081.
16. At least two (2) access ports of at
least four (4) inch diameter pipe shall be installed in each cell. At least one
(1) access port shall be located one-third (1/3) of the distance from the inlet
end wall to outlet end wall. At least one (1) access port shall be located
within six (6) inches of the outlet header. If water level control devices are
not used, at least one (1) of the access ports in each cell shall be at least
six (6) inches in diameter. Access ports shall have holes located at the same
depth as the cell fill material to allow the effluent to enter the access port.
Access ports shall be equipped with removable lids or caps.
17. Plants shall be installed and spaced
as required for the specific plant species. The permit holder shall be
responsible for the installation of suitable wetland plants with hydrophilic
18. The overflow lateral field shall be
installed as required for lateral trenches, beds, and components. Required
vertical separation distances between overflow lateral trench or bed bottoms
and any restrictive horizon, water table, or bedrock, as determined by the site
evaluation results, shall be maintained.
chambers shall be installed according to manufacturer's specification unless the
specifications are less restrictive or conflict with these administrative
regulations, in which case the administrative regulations shall take
precedence, except that reduced backfill cover, of six (6) inches or more, over
the leaching chamber may be permitted.
(n) Effluent piping
to an evaporation/absorption lagoon and overflow piping to the lateral field
system shall be installed as follows:
gravity flow or pressurized piping shall be laid in an excavated trench into
the lagoon and anchored to a poured concrete, three (3) foot square, four (4)
inch thick apron. The inlet shall be a tee laid on its side.
2. For overflow
piping, the overflow shall be located at the point within the lagoon farthest
from the inlet apron. The upper leg of the tee shall be screened and the lower
leg extended downward to within three and one-half (3 1/2) feet of the lagoon
3. Submerged piping
into and out of a lagoon shall be provided with suitable water stops or leak
collars with a minimum extension of twelve (12) inches on all sides of the
(4) Curtain and
vertical drain installation standards.
(a) Curtain and
vertical drains shall be installed as follows:
1. After excavation
and grading of drain trenches to the required depth, slotted plastic drainage
pipe with slots around the entire pipe circumference shall be laid in the
trench. The pipe shall be bedded in two (2) to four (4) inches of leveled
trench rock fill material.
2. After bedding and
grading the pipe to drain, approved trench rock fill material, for trenches
twelve (12) inches or wider, or pea gravel, for trenches narrower than twelve
(12) inches, shall be added to the trench to a point four (4) inches below
3. Barrier material
approved for use in lateral trenches shall be placed over the drain trench fill
(b) Vertical drains
may be used if more permeable soil horizons exist below a restrictive horizon,
and shall be installed as follows:
1. After excavation
to the required depth the trenches shall be filled with crushed rock or pea
gravel as in curtain drains, to the points listed in paragraph (a)2 of this
subsection, as applicable. Drainage piping shall be unnecessary in vertical
drains since drainage is encouraged downward through the restrictive horizon to
more permeable soils.
2. Barrier material
approved for use in lateral trenches shall be placed over the drain trench fill
backfilling and finish grading standards.
(a) On a site
requiring the placement of fill soil before an on-site sewage disposal system
can be installed, the following requirements shall apply:
vegetation shall be removed and the original soil surface layer tilled to a
depth of two (2) inches prior to placement of fill.
2. Soil fill
material shall meet or exceed the textural class characteristics of Soil Group
III outlined in Section 4(4)(a) of this administrative regulation and shall not
be obtained from a restrictive horizon.
3. Soil fill
material shall be placed in the area to be filled by methods acceptable to the
cabinet, to prevent stratification and unnecessary compaction.
4. Soil fill shall
a. Protected by
establishing a fast growing ground cover;
b. Allowed to settle
for a period of one (1) year; and
c. Reevaluated prior
to system installation.
5. Depth of soil
fill required shall be determined by the site evaluation, based upon minimum
separation distances between lateral trench bottoms and restrictive horizons,
bedrock, or water tables.
around and over septic tanks and other pretreatment units, dosing tanks,
holding tanks, distribution boxes, LPP manifolds, alternating valves and
devices, and nonperforated effluent piping and distribution leader piping,
shall be accomplished by filling and tamping by layers. During filling and
tamping, care shall be taken to prevent shifting, tilting, misalignment or
damage to system components, watertight joints, seams, or connections. The
location of each component shall be clearly marked by staking or flagging after
backfilling and prior to final grading.
manufacturer's installation instructions require specific backfilling
procedures to protect component warranties, prevent damage, or prevent
flotation of the component due to ground water pressure, those procedures shall
be followed. Soil for backfilling gravelless pipe trenches shall be loose and
friable. Soil aggregates, clods or clumps, used for backfill in contact with
pipe and filter wrap, shall be no larger than one-half (1/2) inch in any
dimension large clods or clumps of soil for backfill shall not be used. If soil
excavated from trenches will not meet this criteria, suitable backfill soil
shall be obtained elsewhere.
(d) Backfilling of
lateral trenches or drainage trenches shall be accomplished with minimal
compaction of soil fill, and soil fill material shall be left mounded four (4)
to six (6) inches above grade over trenches to allow for settling. Backfilling
over lateral beds shall be accomplished through the use of lightweight wheeled
or crawler type tractors to minimize compaction, and soil fill material shall
be left mounded four (4) to six (6) inches above grade to allow for settling.
shall not be done until after the system has been inspected and approved to
that point of construction by a certified inspector.
(f) On sites where
additional fill soil is required over the lateral field due to shallow depth of
installation, the following procedures shall apply:
1. The requirements
of paragraph (a)1 through 3 of this subsection;
2. Fill shall be extended
on all sides of the lateral field to a minimum distance of ten (10) feet,
except on sloping sites where the fill on each end of the system shall expand
outward to a minimum of fifteen (15) feet at the lowest point downslope, and
the fill at the downslope side of the system shall be increased to a minimum of
fifteen (15) feet beyond the system;
3. Minimum depth of
fill shall be as required by the site evaluation, but not less than ten (10)
inches of settled soil over the trench rock fill material, or top of the
gravelless pipe (for leaching chambers six (6) inches minimum) and that depth
shall extend over the entire lateral field to a point at least two (2) feet
beyond the sidewall of any trench, bed or chamber, at which point the remainder
of the fill may be tapered to original grade out to the minimum distances
specified in subparagraph 2 of this paragraph.
(g) Finish grading
over the on-site sewage system shall be performed to minimize compaction
through the use of lightweight equipment. Grading shall be restricted to work
necessary to provide positive surface drainage away from the system, especially
the lateral field. Final grading over staked or flagged system components shall
be accomplished manually, or with lightweight equipment, using extreme care to
prevent damage to or misalignment of components.
(h) Finish grading
work which removes soil from the system area, or which results in that area
being used to dispose of excess soil graded from other areas on the site, shall
(i) Finish grading
on other areas of the site shall be done in such a manner as to divert surface
water run-off from driveways, patios, downspouts, slopes, ditches, gullies,
etc., away from the area where the system is installed. If site conditions are
such that normal grading procedures cannot divert the run-off, diversion
ditches, swales, berms, or other diversion drainage means shall be constructed
to divert run-off away from the system.
Section 8. System
Setback Restrictions. (1) Minimum setback distances for installation of on-site
sewage disposal systems from structures, water supplies, roads, streams, bodies
of water, and other structural or topographic features are listed in Table 7:
On-site Sewage Disposal Systems
or Topographic Feature
Distance (Ft.) from Pretreatment Unit Constructed Wetland Cell, or Holding
Distance (Ft.) from Side wall of Lateral Trench, Bed, or Lagoon
(50 for lagoons)
(25% and Higher)
Cisterns (Upslope from
system with bottom at higher elevation than system)
Natural Lakes or
Springs (Upslope from
(Upslope with curtain
(Downslope from system)
Curtain or vertical
drain (Upslope and Sides)
Sinkhole Throat (Open)
Buried Water Lines or
Driveways, parking lots,
or paved areas
(upslope and sides)
Inground swimming pools
Mine Openings and Air
Livestock pens, feed
lots, corrals, etc.
(2) Lagoon setback
distances shall be measured from the inside berm wall at a point four and
one-half (4.5) feet vertically from the lagoon bottom.
Section 9. System
Installation Inspection. (1) Every on-site sewage disposal system installed,
constructed, altered or repaired shall be inspected by a certified inspector.
(2) The inspection
sequence performed shall be as follows:
(a) The certified
installer shall complete an installer's affidavit for every system except a
subsurface flow constructed wetland system, recording all grade shot readings
of all excavation work, certifying by his signature that the work has been
performed in compliance with this administrative regulation. In lieu of the
installer's affidavit, the certified installer may request an initial
inspection be performed by a certified inspector. An initial inspection shall
consist of shooting of grades in all excavations to determine compliance with
this administrative regulation.
(b) For subsurface flow
constructed wetland systems, an initial inspection shall be made by a certified
inspector to determine compliance with excavation standards.
1. An installer’s affidavit in lieu of
the initial inspection shall not be accepted.
2. The liner shall be in place in the
cell prior to the initial inspection unless special cell preparation is needed
prior to placement of the liner.
3. All components and the overflow
lateral field shall be inspected.
(c) The certified installer shall request
an installation inspection, to be scheduled and completed by a certified
inspector, before the system is backfilled.
To facilitate inspection of lateral fields and constructed wetland system
cells, the certified installer shall provide direct access to trench, bed, or
cell bottoms to allow accurate shooting of grade and elevation. Direct access
shall be provided through the use of ports, piping, or other methods acceptable
to the certified inspector, and at locations within the lateral field the
inspector deems necessary.
(d) The installation
inspection shall consist of:
1. Examination of
system components, including constructed wetland systems plants, as to type, size
or capacity, approved status, materials, and connections;
2. Examination of
installation as to proper placement, proper grade or level;
"water leveling" method on equal flow distribution boxes;
4. Testing of dosing
devices, low pressure systems and alarm systems;
5. Shooting of
trench, bed, constructed wetland cell, or lagoon bottom grade and elevation;
6. Examination of
installation of lateral lines, trench and constructed wetland cell fill
material depth, trench barrier material, constructed wetland cell cover
material depth and placement, and water depth; and
7. Perform other
necessary examinations and checks to determine compliance with this
administrative regulation relative to all site and system modifications
(e) A constructed
wetland system shall not be approved before it is complete, including plant
(f) An approved
system shall be backfilled in accordance with this administrative regulation.
1. The certified
a. Assure proper backfilling;
b. After completion of backfilling,
perform or supervise finish grading; and
c. Request a final inspection, if
additional fill soil is required after completion of finish grading.
2. The owner shall, during subsequent
occupancy and system usage, protect the system from damage, disruption, or
unnecessary surface water drainage.
(g) A system not
meeting approval shall be reconstructed as needed to meet compliance
Responsibilities. (1) The construction, operation, and maintenance of on-site
sewage disposal systems, whether conventional, modified, or alternative
systems, shall be the responsibility of the owner, developer, certified
installer, or user of the system as applicable in the circumstances.
(2) Actions of the
cabinet and certified inspectors, engaged in the evaluation and determination
of measures required to effect compliance with the provisions of this
administrative regulation shall in no way be taken as a guarantee that on-site
sewage disposal systems approved and permitted will function in a satisfactory
manner for any given period of time, or that such agents or employees assume
any liability for damages, consequential or direct which are caused, or which
may be caused, by a malfunction of such systems.
Prohibited Practices. The following practices shall be prohibited, and their
use shall result in immediate voiding of permits or site evaluations:
(1) Use of
unapproved system components in lieu of replacement with approved components;
(2) Except as provided
in Section 13 of this administrative regulation, use of seepage pits,
cesspools, and dry wells;
(3) Use of
improperly constructed or designed systems, in lieu of redesign or
(4) Placement of
lateral field within less than twelve (12) inches of, or below, the upper
limits of a restrictive horizon or water table;
(5) Placement of
lateral field within less than twelve (12) inches of, or into, bedrock.
ripping, or otherwise removing bedrock to install a lateral field;
filling, or otherwise altering the original grade or soil characteristics of
the area upon a site staked or flagged off for system installation, except if
the work is a requirement of this administrative regulation;
(8) Allowing use of
the area staked or flagged off for system installation as a material or soil
stockpile, vehicle or heavy equipment parking area or roadway, or other
unauthorized use which may damage or alter the soil or site characteristics; or
(9) Construction of
evapotranspiration lagoons in Group I, Group II, or Group III textured soil.
Variances. (1) The owner of a site where an on-site sewage disposal system is
proposed to be installed may request, in writing, to the local board of health,
or its designated agent, a variance to specific portions of this administrative
(2) A written
request shall include:
information about the site;
(b) The specific
portion of the administrative regulation requested for waiver;
(c) The specific reasons
for the request; and
evidence justifying the granting of the variance.
(3) A request shall
be acted upon by the local board of health, or its designated agent as soon as
practicable. A written decision, either denying the variance with reasons for
denial, or granting the variance with or without stipulations or restrictions,
shall be presented to the applicant within five (5) working days of the decision.
(4) An applicant for a
variance may appear with counsel or expert professional witnesses, or both,
before the local board of health or its agent, for the purpose of presenting
the request or to appeal a decision.
(5) If a hearing is
requested, the local board of health or its agent shall:
(a) Set a time and date for the hearing, as
soon as practicable; and
(b) Notify the applicant, in writing,
within five (5) working days of receipt of the request and at least two (2)
days prior to the date of hearing, of the time and date for the hearing.
(6) A decision regarding a variance shall
be based upon evidence presented by:
(a) The applicant;
(b) The certified inspector for the site
in question; and
(c) Expert professional witnesses.
(7) A decision regarding a variance shall
be influenced by:
(a) The requirements of the On-site Sewage
Systems Law, KRS 211.350 to 211.380, and related law; and
(b) The presence or absence of reasonable
assurance, derived from evidence presented, that the granting of the variance
shall not result in the creation of:
1. Groundwater contamination;
2. Effluent surfacing;
3. A public health hazard; or
4. A public health nuisance.
(8) A variance shall
not be granted for the following:
(a) Waiver of site
evaluation or system inspection;
(b) Reduction of
required system size if a modified or alternative system is able to provide an
equivalent system in the available area on the site;
(c) If site or
system modification or an alternative system can overcome a site limitation;
(d) A practice
prohibited by Section 11 of this administrative regulation.
(9) A variance shall
be made a permanent record, and filed at the local health department in the
county where the site is located.
(10) A variance request
shall be acted upon and a final decision made by the local board of health, or
its agent, prior to the issuance of a permit to install the proposed on-site
sewage disposal system.
Exemption. (1) On-site sewage systems shall be governed by the provisions of
KRS 211.355(3) and this section.
(2) The repair or
alteration of an on-site sewage treatment system shall be permitted if:
(a) A municipal or
public sewage treatment system is not available; and
(b) Repair or
alteration is required because of:
2. Damage; or
(3) In the repair or
alteration of an on-site sewage system utilizing a seepage pit, an owner shall
be permitted to:
(b) Service; and
(c) Repair, alter,
reconstruct, or replace:
1. Any system
component leading to a pit, such as pipes and septic tanks;
2. Pit rings; or
3. Any other
component repair which would not require the drilling of a new pit.
(4) With regard to a
single-family dwelling only, if a municipal or public sewage treatment system
is not available, a seepage pit may be installed as an on-site sewage disposal
system in the development of a vacant lot, purchased on or before May 1, 1992,
if bona fide construction began by December 25, 1992. (11 Ky.R. 1556; eff.
5-14-85; Am. 15 Ky.R. 628; eff. 9-21-88; 18 Ky.R. 3239; 19 Ky.R. 53; eff.
6-24-92; 27 Ky.R. 2083; 2618; 29 Ky.R. 441; eff. 8-12-2002.)