Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Onsite Wastewater topic
No spam. Unsubscribe anytime.
Lawrence County commissioners adopt updated on-site wastewater (OWTS) rules
Summary
Acting as the Board of Health, Lawrence County commissioners adopted Resolution 04-26-02 to adopt the state'updated Regulation 43 for on-site wastewater systems, declining some county-specific options in Appendix A and noting the regulation becomes effective 45 days after adoption.
Lawrence County commissioners, acting as the Board of Health, voted to adopt Resolution 04-26-02 to adopt the state'updated Regulation 43 governing on-site wastewater treatment systems (OWTS).
Staff member (S4) introduced the item as a public hearing on the revised Regulation 43 and explained the resolution adopts the state regulation by reference while offering an Appendix A checkbox of county-specific options. Commissioner (S2) said the update "doesn't have anything in there with the true definition of what is considered a dwelling," noting the county has repeatedly faced questions about whether residences in RVs or on blocks qualify as dwellings and how that affects OWTS requirements. S4 said the county has handled those cases "by case" and that the most recent changes mirror prior practice, including retaining the requirement that applicants hire an engineer for OWTS work.
Chair (S3) opened the hearing for public comment; no members of the public provided remarks. Chair (S3) then moved to adopt Resolution 04-26-02; Commissioner (S2) seconded and the board approved the motion by voice vote. Staff member (S4) pointed out that, "these, by statute are effective 45 days from today." The board asked staff to obtain signatures and for Shayla to scan and forward signed documents to the state for filing.
Why it matters: Regulation 43 governs design, permitting and inspection standards for on-site wastewater systems. The board's action aligns local rules with the state's updated technical requirements while leaving certain optional county choices on Appendix A in the county's control. County staff and commissioners emphasized that the county will continue handling ambiguous dwelling cases individually under existing local practice and the engineer-hire requirement remains in place.
Next steps: County staff will finalize and circulate the signed resolution and implement the updated OWTS rule set after the statutory effective period. Any future changes to the county's Appendix A choices or a local dwelling definition would require additional board action.
