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Weeks Bay Watershed Project Management Plan - Mobile Bay ...

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34<br />

“Those waters that are subject to the ebb and flow of the tide<br />

and/or are presently used, or have been used in the past, or<br />

may be susceptible for use, to transport interstate or foreign<br />

commerce.” (33 C.F.R. ξ 329.4)<br />

Section 10 of the Rivers and Harbors Act of 1899 prohibits the<br />

unauthorized obstruction or alteration of any “navigable water of the<br />

United States” except by permit from the COE. Regulated activities<br />

include dredging, placement of dredged or fill material, and<br />

construction in or over navigable waters.<br />

4. Health Department Septic Tank Permits<br />

The Baldwin County Health Department requires a permit for the<br />

installation of onsite sewage disposal systems (OSDSs). The most<br />

common conventional OSDS is the septic tank, which is used<br />

extensively in the <strong>Weeks</strong> <strong>Bay</strong> <strong>Watershed</strong> to treat and dispose of<br />

household and business septic waste. The permit is based upon an<br />

approved soil percolation test. A registered engineer or land surveyor<br />

must conduct the percolation tests. On limited sites, where a<br />

problem with soils, such as a shallow water table or clay layer,<br />

requires the installation of an alternative OSDS, percolation tests and<br />

system design must be done by a registered engineer and must be<br />

approved by the health department. The typical method for<br />

identifying on-site system malfunctions is through complaints to the<br />

county health department. County health environmentalists<br />

investigate complaints to determine the type of malfunction, degree<br />

of contamination, and proper remedial action.<br />

5. Sanitary Sewer Districts<br />

Sanitary sewer districts can be formed on the basis of judicial<br />

districts, topography, number of households or other site<br />

characteristics and are intended to provide specific regulatory<br />

oversight in areas susceptible to on-lot septic system failures or<br />

malfunctions. Although the enabling legislation is in place in<br />

Alabama, as of yet none have been successfully established. Sanitary<br />

districts are established to assist the ADPH and the county<br />

environmentalists in reviewing, monitoring and repairing onsite<br />

systems. Sanitary districts typically use a variety of funding tools such<br />

as local taxation, special assessments, grants and loans to implement<br />

septic system maintenance, inspection, and educational programs.<br />

6. Zoning<br />

Currently, there are a total of 11 planning districts in the <strong>Watershed</strong>.<br />

Only one planning district that includes the southeast shore of <strong>Weeks</strong><br />

<strong>Bay</strong> has adopted zoning. The Baldwin County Commission (BBC)<br />

<strong>Weeks</strong> <strong>Bay</strong> <strong>Watershed</strong> <strong>Management</strong> <strong>Plan</strong>

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