902 KAR 10:110. Issuance of on-site sewage disposal system permits

Link to law: http://www.lrc.ky.gov/kar/902/010/110.htm
Published: 2015

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      902 KAR 10:110.

Issuance of on-site sewage disposal system permits.



211.350-211.380, 211.990(2)


AUTHORITY: KRS 194.050, 211.090(3), 211.180(1)(d)


FUNCTION, AND CONFORMITY: KRS 211.350 provides that no person, firm, or

corporation shall construct, install, alter or cause to be constructed,

installed, or altered any on-site sewage disposal system subject to

administrative regulation by the cabinet without having first obtained an

on-site sewage disposal permit from the cabinet. The purpose of this

administrative regulation is to set forth the requirements for issuance of



      Section 1.

Definitions. As used in this administrative regulation the following terms

shall have the meanings set forth below:


"Alter" means to make a physical change in the original design,

sizing, layout, components, location, or method of operation (individually or

in any combination of changes) of an existing on-site sewage disposal system,

as a result of necessary repair or a change in wasteload volume or wasteload



"Cabinet" means the Cabinet for Human Resources and includes its

authorized agents.


"Certified inspector" means a person employed by the cabinet or by a

local health department who has met the requirements for certification

contained in KRS 211.360.


"Certified installer" means a specific individual person who has met

the requirements for certification contained in KRS 211.357 and 902 KAR 10:140.


"Component" means any device used in the construction, installation

or alteration of an on-site sewage disposal system which forms an integral part

of that disposal system, and is necessary to its proper operation and

maintenance. It includes, but is not limited to:

      (a) Sewage

pretreatment units, holding tanks, grease traps, pump or dosing tanks, and

necessary equipment and appurtenances;

      (b) Distribution

boxes, alternating valves, filters, and similar devices; and

      (c) Piping,

fittings, valves, and leaching chambers.


"Construct" means the physical assembly of various necessary

components and materials into an on-site sewage disposal system and includes

all necessary design, site layout, excavation, backfilling and additional site

fill work that may be required to produce a finished on-site system. The term

"install" shall be considered to have the same meaning.


"Homeowner" means a specific individual person who actually occupies

the single family residence that a proposed new on-site sewage disposal system

is intended to serve, or that an existing system that is proposed to be altered

serves, or who proposes to construct or have constructed a single family

residence for his personal use and occupancy that a proposed new on-site system

is intended to serve. This term shall not include any person who is a builder

or contractor who engages in a business of constructing or rehabilitating

residential structures for sale or resale.


"On-site sewage disposal system, on-site sewage system and on-site

system" mean a complete system installed on a parcel of land, under the

control or ownership of any person, which accepts sewage for treatment and

ultimate disposal under the surface of the ground. Examples of such systems


      (a) A

conventional system consisting of a sewage pretreatment unit(s), distribution

box(es), and lateral piping within rock-filled trenches or beds;

      (b) A modified

system consisting of a conventional system enhanced by shallower 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(s), necessary site

modifications, wasteload modifications, and subsurface soil absorption system

using other methods and technologies than a conventional or modified system to

overcome site limitations;

      (d) Cluster

systems which accept effluent from more than one (1) structure's or facility's

sewage pretreatment unit(s) and transport the collected effluent through a

sewer system to one (1) or more common subsurface soil absorption system(s) of

conventional, modified or alternative design; and

      (e) A holding

tank which provides limited pretreatment and storage for off-site disposal

where site limitations preclude immediate installation of a subsurface soil

absorption system, or connection to a municipal sewer.


"Person" means any individual, firm, association, organization,

partnership, business trust, corporation, company or governmental unit.


      Section 2.

Issuance of Permits. (1) Except as otherwise provided by subsection (2) of this

section, permits to construct, install or alter on-site sewage disposal systems

shall be issued only to certified installers.

      (2) Permits to

construct, install or alter on-site sewage disposal systems may be issued to

homeowners provided:

      (a) Application

is made for a permit as specified in 902 KAR 10:085, Section 3(1)(d) prior to

construction of any portion of the proposed on-site sewage disposal system; and

      (b) All work is

performed in compliance with 902 KAR 10:081, 902 KAR 10:085 and this

administrative regulation(s); and

      (c) All work is

personally performed by the homeowner, except that necessary excavation and

backfilling work may be performed by a certified installer if notification of

intent is made at the time of application for a permit, and the certified

installer's name and certification number are included on the application; and

      (d) If local

electrical codes require electrically operated components of an on-site sewage

disposal system to be connected to electrical service only by a certified or

licensed professional electrician, and do not permit homeowner performed work,

that work shall also be excepted from the requirements of paragraph (c) of this

subsection; and

      (e) No person

shall be issued more than one (1) homeowner permit to construct or alter an

on-site sewage disposal system in any five (5) year period, except in instances

of necessary repair or alteration of the originally permitted on-site system.

(11 Ky.R. 107; eff. 9-11-84; Am. 13 Ky.R. 540; eff. 10-2-86; 18 Ky.R. 1433;

2265; eff. 1-10-92.)