As Amended
SEC. 41-67-21. Owner repair of malfunctioning disposal system; abatement of health hazards; penalty for violations [Repealed effective July 1, 2005].
(1) The board or the department may require a property owner or lessee to repair a malfunctioning individual on-site wastewater disposal system on the owner's or lessee's property before the thirtieth day after the date on which the owner or lessee is notified by the department of the malfunctioning system.
(2) The property owner or lessee shall take adequate measures as soon as practicable to abate an immediate health hazard.
(3) The property owner or lessee may be assessed a civil penalty not to exceed Five Dollars ($5.00) for each day the individual on-site wastewater disposal system remains unrepaired after the thirty-day period specified in subsection (1) of this section.
(4) The board may assess the property owner or lessee of an individual on-site wastewater disposal system authorized pursuant to Section 41-67-3(4) a civil penalty not to exceed Fifty Dollars ($50.00) for each day the system fails to meet the performance standards of that system after the thirty-day period specified in subsection (1) of this section.
(5) All penalties collected by the board under this section shall be deposited in the State General Fund.
(6) Appeals from the imposition of civil penalty under this section may be taken as provided in Section 41-67-29.
SOURCES: Laws, 1992, ch. 536, § 9; Laws, 1996, ch. 516, § 16; reenacted without change, Laws, 2001, ch. 578, § 16, SB 2957; Reenacted without change, Laws, 2002, ch. 493, § 16; Reenacted without change, Laws, 2003, ch. 525, § 16, HB 845, eff from and after passage (approved Apr. 20, 2003).
PREVIOUS VERSIONS: Pre-2003