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(a) Waterless toilets will be permitted for owner-occupied single-family dwellings, agricultural field settings, and research organizations with an agreement with the Department to install and operate a waterless toilet system(s) to evaluate their performance. In addition, one (1) of the following conditions shall apply:

(1) The site on which the waterless toilet is proposed to be installed has an existing, permitted OWTS with reserve area, and the waterless toilet system would be an accessory thereto.

(2) The site on which the waterless toilet is proposed has an OWTS failure of which correction is not feasible due to local conditions, including, but not limited to, soil percolation value, high ground water, and insufficient area and the waterless toilet as a repair will reduce the flow to the existing OWTS and reduce the negative impact to the environment.

(3) The site is beyond the reasonably projected availability of community services and an approved OWTS, with designated reserve area, will be installed.

(4) The site is within a specially created maintenance district designed to monitor and maintain all sewage treatment systems, including, but not limited to, waterless toilets, within the district.

(5) A waterless toilet and graywater system existing prior to January 1, 1984, where testing can demonstrate a Tier 0 status for the primary and reserve OWTS, may be approved under this section.

(b) Waterless toilets may replace a flush toilet and will be an accessory to, and not a replacement for, an approved OWTS. All other wastewater generated must be discharged to an approved system.

(c) Waterless toilet configurations will include a commode(s) paired with a composting processor and/or the use of a secondary composting processor. A waterless toilet system not addressed by the provisions of this chapter may be proposed for consideration by the Department for approval on a case-by-case basis. (Repealed and reenacted by Ord. 2628, § 2, 6/4/2019)