SEC. 41-67-9. Existing disposal systems; requirements for approval [Repealed effective July 1, 2005].
(1) Existing individual on-site wastewater disposal systems shall be considered acceptable, provided the following requirements are met:
(a) The lot is located in an area or subdivision where individual on-site wastewater disposal systems are considered acceptable under this chapter;
(b) The residence, building or facility has previously been occupied for a period of time deemed by the department necessary to determine the functioning capability of the individual on-site wastewater disposal system;
(c) The system is functioning properly with no evidence that any insufficiently treated effluent is or has been seeping to the surface of the ground and any discharge of treated effluent is confined within the boundaries of the property of the generator except as authorized under Section 41-67-8; and
(d) If a private water supply well is present, the well is located at a higher elevation than the disposal system and is protected from surface contamination by a concrete slab of a thickness of at least four (4) inches extending at least two (2) feet in all directions from the well casing.
(2) If an existing residential individual on-site wastewater disposal system is malfunctioning, the system should be replaced, where possible, with a system meeting all requirements of this chapter and rules and regulations of the board. If replacement of the existing system is not possible, the existing system shall be repaired to reduce the volume of effluent, to adequately treat the effluent and to the greatest extent possible, to confine the discharge to the property of the generator except as authorized under Section 41-67-8. If repairs are made to significantly upgrade the existing individual on-site wastewater disposal system, the department shall approve the system, if requested.
SOURCES: Laws, 1996, ch. 516, § 9; reenacted without change, Laws, 2001, ch. 578, § 9, HB 1458; Reenacted without change, Laws, 2002, ch. 493, § 9, HB 434; Reenacted without change, Laws, 2003, ch. 525, § 9, HB 845, eff from and after passage (approved Apr. 20, 2003).
PREVIOUS VERSIONS: Pre-2003
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