LEGAL EASE
by Shane Givens and Summer McWhorter

May 16, 2012

Sewage regulations going into effect


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On April 9 the Cherokee County Commission passed a sewage ordinance for unincorporated areas within the Alabama Power flood easement around Weiss Lake; they are expected to take effect July 9.

The new law not only provides guidelines for sewage disposal; it also gives the Cherokee County Health Department the ability to create rules and regulations regarding sewage disposal inside the flood easement throughout the county. Last week in Centre, a meeting was held at the ROC to present those proposed rules for public comment.

The Health Department's sewage regulations mainly focus on holding tanks, as well as hook-up requirements to “sanitary sewage systems” within the Weiss Lake flood easement throughout Cherokee County.

A holding tank is defined as “a water-tight receptacle for the collection and temporary retention of sewage . . . designed and constructed to facilitate removal and ultimate disposal at another site.” Holding tanks are not considered to include sewage collection tanks on board a recreational vehicle or travel trailer. A sanitary sewer system is defined in the proposed rules as a properly-permitted public or private sewer system, including decentralized systems.

According to the rules, anyone wanting to use a holding tank for sewage disposal must first obtain a permit from the Health Department. Application for such a permit is made by submitting an application form. At the meeting last week in Centre, lawyers for the Health Department indicated that the applications are currently in the design stage and will be available before July 9.

Holding tanks will not be permitted if there is an available connection to a sanitary sewer system, or if such a system becomes available in the future. In other words, once an approved sanitary sewage system becomes available, anyone using a holding tank must switch over.

A permit for an existing or new temporary holding tank requires the applicant to be contracted with a licensed sewage pumper for periodic pumping. Those pumping reports must be submitted to the Health Department as specified in the permit, or as otherwise required by the Health Department.

Although applicants can get a permit for older tanks installed and used prior to July 9, 2012, they must prove to the Health Department that the tank was intended by the manufacturer to be used for sewage storage or that the existing tank has been inspected by a professional state-licensed engineer and certified as suitable for sewage storage. Holding tanks installed on or after July 9, 2012 must also be certified and have a minimum capacity of 1,000 gallons or be 25 percent larger than the projected sewage flow accumulation between scheduled pumping, whichever is larger.

As discussed at last week's hearing, the fee for a holding tank permit, designated in accordance with Alabama law and approved by the Cherokee County Commission, is expected to be set at $150 per year.  

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to
givenslaw@tds.net.