As Amended
SEC. 41-67-4. Duties and responsibilities of the Commission on Environmental Quality regarding individual on-site wastewater disposal systems [Repealed effective July 1, 2005].
(1) The Commission on Environmental Quality shall determine the feasibility of establishing community sewerage systems upon the submission by the developer of a preliminary design and feasibility study prepared by a professional engineer. The developer may request and obtain a hearing before the commission if the developer is dissatisfied with the commission's determination of feasibility. The determination that a sewerage system must be established shall be made without regard to whether the establishment of a sewerage system is authorized by law or is subject to approval by one or more state or local government or public bodies. Whenever a developer requests a determination of feasibility, the commission must make the determination within forty-five (45) days after receipt of the preliminary design and feasibility study from the developer. The commission shall state in writing the reasons for its determination. If the commission does not make a determination within forty-five (45) days, all sites within the subdivision shall be approved, if a certified installer attests that each site can be adequately served by an individual on-site wastewater disposal system.
(2) Where residential subdivisions are proposed which are composed of fewer than thirty-five (35) building sites, and no system of sanitary sewers is available to which collection sewers may be feasibly connected, the board may waive the requirement for a feasibility study. If the feasibility study is waived, all sites within the subdivision shall be approved, if a certified installer attests that each site can be adequately served by an individual on-site wastewater disposal system.
(3) No feasibility study or community sewerage system shall be required for subdivisions designed, laid out, platted or partially constructed before July 1, 1988, or for any subdivision that was platted and recorded during the period from July 1, 1995 through June 30, 1996.
SOURCES: Laws, 1996, ch. 516, § 4; reenacted without change, Laws, 2001, ch. 578, § 4, HB 1195; Reenacted without change, Laws, 2002, ch. 493, § 4; Laws, 2003, ch. 525, § 4, HB 845, eff from and after passage (approved Apr. 20, 2003.).
PREVIOUS VERSIONS: Pre-2003