Request By:
Garland Van Zant
Mercer County Health Department
411 North Greenville Street
Harrodsburg, Kentucky 40330
Opinion
Opinion By: Robert F. Stephens, Attorney General; Mark F. Armstrong, Assistant Attorney General
We are in receipt of your letter 1 in which you ask our opinion of whether 401 KAR 1:010 etseq., which comprises the State Plumbing Code pursuant to KRS 318.130, is applicable to and gives the Department for Natural Resources and Environmental Protection jurisdiction over the installation of biological decomposition toilets. Your question is based upon the following facts:
A biological decomposition toilet is a system that transforms human wastes into humus (compost). This natural decomposition process is accomplished within the system without using any water or chemicals. There is no connection to a septic system or other sewage disposal system. 2
The natural biological decomposition of the feces and its transformation into nutritive humus happens in the system in the same way it occurs in nature. By maintaining tropical humidity and by ventilitating the compost, the decomposition process is speeded up considerably. 3 The decomposition, when complete, should resemble and smell like soil and not have any disease-causing bacteria or virus. 4
There are a number of these toilets available. 5 The type under consideration here ("Eco-let") is described thusly:
"The apparatus consists of a boilogical toilet based on the aerobic oxidation of all decomposable waste from a family of about five people. The unit may be used by higher numbers of people on an infrequent basis such as construction areas.
The apparatus takes the form of a cube with a side measurement of about 0.8 m and assembled from various units. It is made of polystyrene and consists of two compartments separated by an electrically heated resistance. During the assembly process, the upper compartment is given a bed of humus and peat mould (supplied together with the apparatus) which serves as the bacterial bed. The lower section consists of a collecting tray for the mineralized waste material.
During installation, it is advisable to fit a ventilation pipe with a diameter of 110 mm, the sections exposed to cold being insulated to avoid condensation. Electrical installation is also essential (110 V.A.C.).
When the apparatus is installed and connected, a bed of humus about 10 cm thick is placed above the heating element, this bed being intended to receive the decomposable waste material. The fan, which is located in the upper part of the toilet, forces the circulation of air admitted in the lower part through the bed of humus and this air evacuates water vapor and odor through the ventilation pipe.
The resistance type heater unit maintains a temperature (108-112 degrees) which ensures optimal activity among the micro-organisms and excellent evaporation of water.
Mineralization is carried out by the percolation of the waste matter diluted in urine through the bed of humus. The mineralized waste is collected in the tray in the bottom of the apparatus, this tray being emptied every 12 to 18 months." Supp. A, at 1.
Based upon the foregoing facts, we have examined the law. 401 KAR 1:020 § 2 requires a plumbing construction permit to be obtained "(1) For all new plumbing installations, " and "(8) For any other installation which constitutes 'plumbing' within the meaning of KRS Chapter 318 and the state plumbing code."
401 KAR 1:010 § 1 (124) defines "Plumbing" as:
"Plumbing means the art of installing in buildings the pipes for distributing the water supply, the fixtures for using water and drainage pipes for removing waste water and sewage, together with fittings, appurtenances, and appliances of various kinds, all within or adjacent to the building. It shall include:
(a) The water service pipe which forms the connection between the property line and the building other than piping serving fire fighting equipment;
(b) Private water supply systems;
(c) House sewers which convey the waste water and sewage from the building to the property line or other points of disposal but not including sewers located between manholes and sewers extending five (5) feet from a main or manhole on private property; and
(d) Storm sewers and rain water piping located within a building to a point two (2) feet outside of the building and private sewage disposal systems other than those which have a treated effluent."
The toilet here is self-contained and is not connected with the water supply system 6 or to the drainage system. 7 The toilet here is not a plumbing fixture 8 because it is not connected to the water distribution system of the premises. 9 The toilet is not an adjunct to the basic piping system, therefore, it is not a plumbing appurtenance. 10
The definition of plumbing contained in KRS Chapter 318 is identical with the definition in the 401 KAR 1:010 § 1 (129). Because the regulation defines the statute and because the regulation does not apply to the toilet here, neither does the statute, cf. Harned v. Atlas Powder Co., 301 Ky. 517 192 S.W.2d 378 (1946). Of course, we hasten to point out that your department has authority to enjoin the use of this toilet if it becomes a public health nuisance, see KRS 212.210, 212.245, and 212.990(1).
SUMMARY: We are of the opinion that the installation of a biological decomposition toilet as described herein and which is not connected with the water supply system or drainage system does not require the plumbing construction permit provided in 201 KAR 1:020 § 2. If this type of toilet creates a nuisance or threat to the public health, the local department of health may stop its use under the authority of KRS 212.210, 212.245, and 212.990(1) .
Footnotes
Footnotes
1 In addition to your letter, we have also received supplemental material from you which describes the function and operation of these toilets as well as reports of scientific tests as to their appropriate use and efficiency as a disposal system. We have arbitrarily labelled this supplemental material as Supplement A, B, C, et cetera and will cite it "Supp. ." The material remains on file in our office.
2 Supp. F. at 2.
3 Supp. F, at 2.
4 Supp. B, at 3.
5 Supp. B.
6 401 KAR 1:010 § 1 (199) defines "water system."
7 401 KAR 1:010 § 1 (60) defines " drainage system. "
8 401 KAR 1:010 § 1 (127)
9 See n. 6, supra.
10 401 KAR 1:010 § 1 (126) defines plumbing appurtenance.