Wells and Private Sewage Disposal Systems [Septic]

OSDS EVALUATION AND MAINTENANCE ORDINANCE
EXECUTIVE SUMMARY

The County Commission passed and the Wayne County Executive signed the OSDS Ordinance in September 1999. Its purpose is to protect the health, safety, and welfare of the citizens of Wayne County by implementing a program to minimize infiltration of seepage from septic systems into the storm water drainage system.

To accomplish this purpose, any residential or commercial establishment that depends on an on-site sewage disposal system must have the system evaluated prior to the time of sale or transfer of the property. There are many stakeholders in the process so that the real estate transaction can take place as scheduled. The owner, buyer, real estate agent, registered evaluator, septage servicer, the Wayne County Department of Public Health, and the local municipality all have responsibilities as outlined in the ordinance.

The OWNER is responsible for maintaining their disposal system including repairs to the system or connecting to an available municipal sewer system. The owner must have the system evaluated by a registered evaluator prior to any sale or transfer of the property and allow access to the [parcel and its structures. The owner is also responsible for having the septic tank pumped by a licensed septage servicer at the time of the evaluation

The REAL ESTATE AGENT is responsible for notifying the owner of a parcel containing an on-site sewage disposal of the transfer evaluation requirement prior to sale or transfer. In addition, they must disclose to any prospective buyer of any remediation needed or completed. When appropriate, they must notify the purchaser of their responsibility to complete the transfer evaluation if the parcel was vacant prior to the sale.

The REGISTERED EVALUATOR must provide the owner and the health department timely reports; provide the owners information on reducing premature failure of the disposal system and anticipate in administrative hearings as needed.

The SEPTAGE SERVICER must conduct a septic tank evaluation with submittal to the health department and the owner each time a tank is pumped.

The MUNICIPALITY is to notify the health department when 1- a permit is issued for an addition to a structure served by a disposal system, 2- use changes would increase or change wastewater discharges, and 3- when structure connects to a sewer.

The HEALTH DEPARTMENT must administer the ordinance; maintain a registration list of evaluators; collect, maintain and analyze data on disposal systems and enforce the ordinance.

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