As Amended
SEC. 41-67-6. Recommendations; noncompliance and penalties.
(1) Within five (5) working days following receipt of the notice of intent and plot plan by an owner, lessee or developer of any lot or tract of land, the department shall conduct a soil and site evaluation, except in cases where a professional engineer provides services relating to the design, construction or installation of an individual on-site wastewater disposal system to comply with this chapter. Within ten (10) additional working days, the department shall make recommendations to the owner, lessee or developer of the type or types of individual on-site wastewater disposal systems acceptable for installation on the lot or tract, unless there are conditions requiring further investigation that are revealed in the initial evaluation. In making recommendations on the type or types of individual on-site wastewater disposal systems acceptable for installation on a lot or tract, personnel of the department shall use best professional judgment based on rules and regulations adopted by the board, considering the type or types of systems which are installed and functioning on lots or tracts near the subject lot or tract. If existing systems in the surrounding area function properly, systems of that same type shall be acceptable. To the extent practicable, the recommendations shall give the owner, lessee or developer maximum flexibility and a maximum number of options consistent with the federal Clean Water Act, consistent with maintaining the wastes on the property of the generator except as authorized under Section 41-67-8, and consistent with protection of the public health. The system or systems recommended shall be environmentally sound and cost-effective. The department or a professional engineer shall provide complete information, including all applicable requirements and regulations on all systems recommended. The owner, lessee or developer shall have the right to choose among acceptable systems. The department shall provide the owner, lessee or developer with a form that specifies all types of individual on-site wastewater disposal systems that are acceptable for installation on the lot or tract and lists all installers of those systems that are certified by the department.
The installation of an individual on-site wastewater disposal system must be approved by the department unless otherwise provided in this chapter. The department shall approve the * * * installation of an individual on-site wastewater disposal system * * * if the system is * * * installed * * * in accordance with this chapter and the rules and regulations of the board. The department shall not perform any final inspection or approval of an individual on-site wastewater disposal system that was installed by a certified installer unless the installer holds a valid performance bond as required by Section 41-67-25(3).
The department shall not approve any individual on-site wastewater disposal system that has a direct or point source discharge, unless the Permit Board has issued a permit for that system under Section 41-67-8.
(2) Evaluations and recommendations for a subdivision shall not be subject to the time constraints in this section.
(3) * * * An installer may not begin the design, construction or installation of any individual on-site wastewater disposal system unless the installer notifies the department of the date on which the installer plans to begin work on the system. After the installer has installed an individual on-site wastewater disposal system and is ready for final inspection and approval by the department, the installer shall schedule a time for the inspection with the appropriate county department of health not less than forty-eight (48) hours before the anticipated time of the inspection. If the county department of health inspector is late or is unable to keep the appointment and the installer is not notified, the installer shall wait thirty (30) minutes past the scheduled appointment time before covering his or her work. The installer then shall complete an affidavit of system installation for the individual on-site wastewater disposal system and file the affidavit with the county department of health. The department then shall issue its final approval based on the information contained in the affidavit.
(4) A person may not design, construct or install, or cause to be designed, constructed or installed an individual on-site wastewater disposal system that does not comply with this chapter and rules and regulations of the board.
(5) Any person who installs an individual on-site wastewater disposal system shall sign and file with the department an affidavit that the system was installed in compliance with all requirements and regulations applicable to that type of system. If any person or contractor fails to comply with all requirements and regulations in the installation of the system, the board, after due notice and hearing, may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00). If any certified installer files an affidavit with the department containing false or incorrect information that the installer knows to be false or incorrect, the board, after due notice and hearing, shall levy an administrative fine of Two Thousand Dollars ($2,000.00) and suspend the installer's certification under Section 41-67-25(6) for a period of one (1) year.
(6) Any provisions of this chapter regarding the department's approval of the design, construction and installation of an individual on-site wastewater disposal system shall not apply to a residence, building or facility that is located on a land tract that is two (2) acres or larger.
SOURCES: Laws, 1996, ch. 516, § 6; Laws, 1999, ch. 565, § 3; reenacted without change, Laws, 2001, ch. 578, § 6, HB 1458, eff from and after June 30, 2001.
PREVIOUS VERSIONS: Pre-2001